Retired Justice Mojeed Owoade Advocates Single Adjudication For Election Petitions

A retired Justice of the Court of Appeal, Professor Mojeed Owoade, has proposed the adoption of a one-time final adjudication system for election petitions in Nigeria. Professor Owoade emphasized the need for structural and procedural reforms to the Constitution and Electoral Laws, which would not only reduce the burden on the courts but also save costs and enhance the quality of resolving election disputes. He called for the termination of election petitions at the Tribunal level once they are adjudicated, with serving Justices of the Supreme Court, Court of Appeal, and Judges of High Courts having sole responsibility for handling election petition matters. During the National Convergence on Citizens’ Led Engagement on Judicial Accountability in Post Election Justice Delivery, organized by the civil society organization ActionAid, Professor Owoade presented his recommendations: “For Presidential Election Petitions, a 7-member panel consisting of three serving Justices of the Supreme Court, two Justices of the Court of Appeal, and two High Court Judges. “Governorship Election Petitions should be resolved by a 5-member panel of judicial officers, including two Supreme Court Justices, two Court of Appeal Justices, and a High Court Judge. “Senate petitions should be handled by a panel comprising three Justices of the Court of Appeal and two High Court Judges. “House of Representatives election petitions should be adjudicated by a panel of two Court of Appeal Justices and three High Court Judges.” Professor Owoade’s recommendations include the elimination of all systems of appeals in the adjudication of pre-election and election matters. He also added that the Chief Justice of Nigeria (CJN) and the President of the Court of Appeal, in consultation with three to four serving Chief Judges, should appoint members of Election Petition Tribunals. He highlighted the importance of retaining serving judicial officers rather than retired ones to ensure continued oversight by the National Judicial Council and maintain fairness and efficiency in election adjudication. Professor Owoade stressed that the principle of free and fair elections is closely tied to a non-partisan and truly independent judiciary with individuals of integrity and expertise to uphold the rule of law.

Court Disqualifies Timipre Sylva From Contesting Bayelsa Guber Poll

A Federal High Court, Abuja has disqualified the governorship candidate of the All Progressives Congress (APC), Chief Timipre Sylva, from contesting the November 11 election in Bayelsa. Justice Donatus Okorowo, in a judgment delivered Monday night, held that Sylva, having been sworn in twice and ruled for five years as governor of the state, would breach the 1999 Constitution (as amended) if allowed to contest again. Justice Okorowo, who agreed with the plaintiff’s argument, further held that if Sylva was allowed to contest and won the poll, he would have spent more than eight years in office as governor of the state in contravention with the constitution. While citing the case of Marwa vs Nyako at the Supreme Court, Okorowo maintained that the drafters of the country’s constitution stated that nobody should be voted for as governor for more than two times. According to the judge, the Supreme Court has also ruled in the case of Marwa vs Nyako that nobody can expand the constitution or its scope. He held that if Sylva was allowed to contest the next election, it meant a person could contest as many times as he wanted. Chief Deme Kolomo, a member of the APC, had prayed the court to order the Independent National Electoral Commission (INEC) to delete Sylva’s name from list of candidates contesting the Nov. 11 governorship poll. In the originating summons marked: FHC/ABJ/CS/821/2023 dated and filed June 13, Kolomo had sued Sylva, the immediate-past Minister of State for Petroleum; APC and INEC as 1st to 3rd defendants respectively. Kolomo had asked the court to determine whether Sylva is qualified to contest in the election, having occupied the office of governor of Bayelsa May 29, 2007 to April 15, 2008 and May 27, 2008 to Jan. 27, 2012. In the affidavit attached, Kolomo deposed that besides being an APC member, he was also a registered voter in the state. He said INEC recently published the names of governorship candidates for the state, including Sylva’s name. The plaintiff said he was motivated by the need to vindicate Sections 180 (2)(a) and 182(1)b) of the1999 Constitution, the rule of law and to know the applicability of same as it relates to Sylva based on the above facts. Kolomo also averred that the question raised by the instant suit was a constitutional one and of grave importance to him as a voter and other voters in the sate so that they would not vote for someone who was not qualified to contest in the poll and had their votes wasted at the end of the day. But Sylva, who was the immediate-past Minister of Petroleum, in a counter affidavit, asked the court to dismiss the suit for lacking in merit. The ex-minister, through his lawyer, Babayemi Olaniyan, said that he was never elected as the state’s governor on two occasions. He argued that the Appeal Court in its judgement held that the election that brought Sylva as Bayelsa governor in 2007 was null and void, while directing INEC to conduct a fresh election within 90 days. The lawyer though admitted he was a former governor of Bayelsa, he stressed that he had only been elected once as the state’s governor. He asked the court to dismiss the suit. Corroborating Olaniyan’s argument, Dr Dennis Otiotio, who appeared for APC, urged the court to dismiss the suit with substantial cost. In the preliminary objection argued, Otiotio said that Kolomo lacked locus standi to institute the suit as he was never an aspirant in the primary election that produce Sylva. While arguing his case, Prof. Abiodun Amuda-Kannike, who appeared for Kolomo, said contrary to the argument of the counsel, his client had locus, in accordance with the law, to file the suit whether as a pre-election matter or not. He argued that all the sections and cases cited by the defence were unrelated with the instant suit. He said contrary to their argument, the suit was not statute barred, as the final day which the list of candidates was published was also part of their case. The senior lawyer prayed the court to uphold their argument and dismiss the preliminary objection of the defence. Justice Inyang Ekwo had, on September 26 in another suit marked: FHC/ABJ/CS/575/2023 and filed by an APC aspirant, Mrs Ogbomade Johnson, against Sylva, dismissed the case for failure to prove the case with evidence as required by law.