​’Go to court’ has bastardised electoral process, judiciary, Osigwe laments

Former president of th Nigeria Bar Association (NBA), Mazi Afam Osigwe, SAN, has lamented the chaotic nature of Nigeria’s political climate including the judiciary when it comes to election matters.

Osigwe, a keynote speaker in the 22nd edition of the Nigeria Guild of Editors Conference holding in Enugu, said politicians had cashed in on the parlous state of the Nigeria judiciary to ask their political opponents to go to court knowing that the courts could be compromised.

He said that it was because of this practice that had forced decent people to distance themselves from the electoral process.

Speaking on the topic: “Election Petition in the Digital Age: Independence, Evidence, BIVAS,” Osigwe, pointed out that the ‘go to court’ had indeed made a mess of the political process in Nigeria.

“So, ‘Go to court’, that in itself has drawn the court into the arena of conflict, and has also brought more corruption and poor perception that the judiciary is doing the right thing. A number of the cases where judges have been disciplined have something to do with collecting money from litigants for favour or disfavour.

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“I guess it wouldn’t be the same if the courts were somewhat insulated from some of these political cases. And that was why when I was the NBA President, I supported the view that pre-election matters should not be justiciable.

“Not because we were unmindful that there may be injustice at the party level, but we were of the view that political parties should be able by their own internal process, without any overbearing attitude by the courts or the law, in choosing who they feel can best represent their view.

“He may not be the person that the select number of persons may want, but for reasons known to the party, they can. In the UK, the party executive committee, which is about three people, can give ticket to a person or even withdraw the whip from a person who is even already representing, and the courts are not involved in this process,” he said pointing out that when such matters go to court, the outcome is always suspect.

Osigwe noted that how the judiciary passes judgment on electoral matters go a long way in affecting the democracy and governance in Nigeria.

​”And for me as a lawyer, I think that that’s very important because how the courts have interpreted the laws made have gone a long way in shaping our democracy,” he asserted.

The former NBA boss lamented that rules were made in Nigeria but the rules were never allowed to work, either because of the incompetence of the judiciary, bribe taking or overbearing of the executive that controlled the judiciary.

He equally lamented that when rules were not allowed to prevail or have effect, judiciary officers find it difficult to convince their clients on court rulings and pronouncements.

“Many lawyers find it increasingly difficult to find basis on how to convince their clients on the position of the courts,” he laments.

The Senior Advocate of Nigeria, SAN, speaking on the inclement electoral process in Nigeria, also lamented that political parties were not helping matters in chosing who should stand for election under their platform, noting that cases arising from wrong choice of candidates bore down on the judiciary that would have to determine the proper thing that should be done.

He said because of the confusion created by the political parties and INEC at times, lawyers were thriving and making millions at the expense of the chaotic political climate.

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