COURT DISPENSATION: THE QUEST IN SUSTAINING JUSTICE IN DEMOCRACY By: Umar A.Aliyu
Following the outcome of the April 21, 2007 Nigerian Presidential Election in which President Yar’Adua had emerged victorious, a number of petitions were filed against the election by some aggrieved candidates before the Presidential Election Tribunal. The tribunal did justice to these petitions on 26th February 2008, by working progressively inspite of the initial negative criticisms associated before it,even though the proceedings at the tribunal are to say the least interesting and the legal fireworks exciting. But they got the job done. While expressing these points,it is pertinent to state here that the tribunal was allowed to to do its work while Nigerians waited for its verdict. In any case, the judiciary has demonstrated capacity to rise above the noise of the market place and do its work without let or hindrance. The judiciary has proven indeed to be the last bastion of hope for everybody and in doing that it is unlikely that it would be swayed by whatever anybody or group thinks it ought to do. The tribunal had decided based on the facts of the cases before it and the position of the law. There were however legal setbacks during the ruling where the petitioners were not properly guided to the proper conduct of the proceedings where the courts decision did not favor extra witnesses to be tendered by their counsels in their pleas, nonetheless the courts decision was upheld through the proper conduct of the law. This is because for the first time in many years Nigerians, who had been used to the nauseating military culture of the past, are beginning to understand that the judiciary is a veritable third arm of government which must be reckoned with in the scheme of things. Overall performance of the Nigerian judiciary in handling some of the election petitions has truly of late buoyed the hope of many Nigerians in the Nigerian project. What this means is that there is a flicker of light in this seemingly endless tunnel in which we have been crawling with our bellies over the last eight years. Even though we have not reached the depth of hope, but it could be said that we have reached the crossroads of hope. Nigeria no doubt has a long way to go to sustain the challenges that face it on the legal front. It is not also the first country where the judiciary is out to cleanse the Aegean Stable through its legal function. With its landmark judgments, the Indian Supreme Court, for instance, has changed the face of India. With all the problems bedeviling it, the Nigerian judiciary has at least succeeded recently in making one point:it stands as a vital prerequisite to the principles of separation of powers. This in itself protect democracy and forestalls tyranny. We are all witnesses to the events that led to the hierarchical overflow of hopelessness where people took laws in their hands in nearby Kenya. Nigeria rejects that scenario in happening in any way. Internationally we have everything to prove in making landmark rulings in that both the government and its peoples are interested in justice not only being done but to be done in a very transparent manner.The aggrieved parties in this context have a right to appeal before the Supreme court and this paves way for proper dispensation of the law. At recent, the court ruling has prompted the European Union to confirm the independence of the judiciary. The international body noted that though the EU
was collaborating with Nigeria to entrench good governance in its polity, its findings during the just concluded elections had raised some shortcomings. But overall, the judiciary has been in the limelight of the democratic process and had diligently fulfilled its mandate by showing commendable independence. This in itself, builds public confidence and strengthens the demand for improved electoral processes and democratic development.