2023: Be Impartial in Your Trial of Election Cases, UNDSG Tells Judiciary

2023: Be Impartial in Your Trial of Election Cases, UNDSG Tells Judiciary

 As NBA Reinvents Leadership Role at State of the Nation Dialogue

Alex Enumah in Abuja

The United Nations Deputy Secretary General, Ms Amina J. Mohammed GCON, has called on the Judiciary, especially Judges that will be handling election petitions arising from the conduct of the 2023 general elections, to remain impartial and neutral. She gave the charge recently during the Nigerian Bar Association (NBA) “State of the Nation Dialogue” which held last Monday in Abuja, focusing on security, economy and administration of justice. 

Ms Mohammed noted that, Nigeria’s peace and security challenges were due to “injustice, exclusion and social inequalities, coupled with impunity, human rights violations and lack of economic opportunities”.

The UNDSG in her keynote address delivered virtually, expressed confidence that the Judges will remain impartial arbiters in the discharge of their duties, and ensure fairness in the adjudication of all electoral matters brought before them. She specifically charged judicial officers, to “avoid any actions that could undermine the independence or ability of the judiciary to fulfil its role as defined by the Constitution”, and emphasised the need “to ensure the protection of electoral and other institutions related to the administration of justice, and to ensure justice is being served”.

Ms Mohammed noted that Lawyers have a key role to play, in advancing Nigeria’s aspirations in its democratic journey. 

Meanwhile, the NBA warned Judges and Lawyers against professional misconduct, during litigation that may arise from the conduct of the forthcoming general elections.

President of the NBA, Mr Yakubu Maikyau OON, SAN, sounded the warning in the “State of the Nation” address he delivered at the event. He observed that besides the need to guarantee the security of the lives and property of Nigerians as they troop out to vote in the 2023 general elections, the ultimate outcome of the election will largely depend on the interface between the Bench, the Bar and the political gladiators. 

The NBA President was of the opinion that members of the legal profession, serving either on the Bench or at the Bar, owe Nigerians sincere and honest participation in the process. 

“We must do all that is legitimately within our abilities, motivated by the desire to serve the course of justice, to ensure that the relevant laws and rules, properly interpreted and applied, remain the guiding principles for our involvement in the process.

“While we shall stand with the Courts and do everything legal to protect the integrity of the Bench against any form of intimidation by the political class, any person or group of persons, we will not hesitate to call out and pursue disciplinary action(s) against erring judicial officials. 

“Similarly, members of the Bar who misconduct themselves while participating in the resolution of electoral disputes, will face disciplinary action at the Legal Practitioners’ Disciplinary Committee (LPDC) and the Legal Practitioners’ Privileges Committee (LPPC), where Senior Advocates of Nigeria (SAN) are involved”, he said.

Meanwhile, the NBA President commended the Independent National Electoral Commission (INEC) for all that it is doing to deliver a free, fair, and credible election to Nigerians. He urged the electoral umpire to maintain its independence, while declaring the Bar’s unequivocal support in helping to ward off any attempt to undermine the integrity of the electoral process and neutrality of INEC. 

Maikyau, however, has faulted the Akwa Ibom State Chapter of the NBA for endorsing a candidate in the forthcoming election, stressing that NBA as a body remains neutral in the election.  

“I want to say in no unclear terms, that we condemn the action of the few members who embarked on such despicable and disgraceful conduct, using the platform of the NBA. 

“That declaration was not made for, or with the authority of the NBA. It is disgusting, and I have already instructed the First Vice President of the NBA who is leading the NBA Election Monitoring Group, to immediately exclude all the Branches of the NBA in Akwa Ibom State from participating in the monitoring of the forthcoming election. 

“This exclusion will be communicated to INEC forthwith, and members involved in this conduct will also face disciplinary action, as may be determined by the NBA. 

“NBA is not partisan; we are not a political party, we are representatives of the people, we remain neutral and must be seen to maintain our neutrality at all times – we belong to everyone and to nobody”, he added.

Meanwhile various panelists who spoke on issues relating to security, economy and justice, urged the Presidential candidates present to shun religious and ethnic considerations in governance. They also made a case for the engagement of competent and capable hands, that will quickly bring about the much needed dividends of democracy.

However, leading Presidential candidates for the polls shunned the dialogue. While the Presidential candidate of the All Progressives Congress (APC) Bola Tinubu was represented by Hassan Liman, SAN, the standard bearer of the Peoples Democratic Party (PDP), Atiku Abubakar and Labour Party’s Peter Obi, were not represented at the event.

Those present at the event included, Omoyele Sowore (AAC), Sani Yabagi (ADP), Peter Umeadi (APGA), Hamza Al-Mustapha (AA), Dumebi Kachikwu (ADC), Adewole Adebayo (SDP) and Dan Nwanyanwu (ZLP).

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