Tribunal: The Day Of Judgment Is Few Days Away

Tribunal: The Day Of Judgment Is Few Days Away

The Nigerian Presidential Election Petition Court is currently in the process of delivering its judgment, causing a mix of apprehension and high anticipation among the involved parties and the public.

This moment is often referred to as “Judgment Day,” a concept that has been portrayed with various emotional colors by theologians, writers, and musicians.

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Examples range from the 1998 film “Judgment Day,” depicting an impending disaster caused by a giant meteor, to Michelangelo’s renowned fresco painting “The Last Judgment,” a powerful portrayal of this significant event.

In the context of Nigeria’s political landscape, the ongoing petitions filed by Atiku Abubakar, the presidential candidate of the Peoples Democratic Party (PDP), and Peter Obi of the Labour Party (LP) against the Independent National Electoral Commission (INEC)-announced election victory of the All Progressives Congress (APC) are drawing closer to their resolution.

For those who have affiliations with political parties and candidates in the February 2023 elections, particularly individuals with a history of high blood pressure, these days leading up to the judgment are a time of heightened concern. The term “Judgment Day” resonates, drawing from religious connotations.

The responsibility of dispensing this verdict, with far-reaching implications, lies with a five-man panel led by Justice Haruna Tsammani.

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This panel will decide the fate of the election petitions, carrying the weight of Nigeria’s version of “Judgment Day.”

The outcome will determine whether the election results stand or if significant changes will occur, based on the legal arguments and evidence presented by the parties involved.

Drawing parallels from the past, we recall a historical moment in 1997 when a similar sense of apprehension loomed in the Kenyan political landscape. Mwai Kibaki, having been announced as the second-place finisher in the presidential election, contested the results, alleging a host of electoral malpractices. Weeks of legal proceedings and presentation of evidence built his anticipation for a favorable outcome.

However, the moment of judgment arrived, and Kibaki’s optimism was met with a disheartening reality. The panel of judges, in a decision that appeared influenced by technicalities, dismissed his petition. This experience serves as a poignant reminder of the complexities and challenges surrounding electoral disputes, as well as the significant role the judiciary plays in shaping the course of a nation’s political trajectory.

Throughout Africa, elections often face intense scrutiny due to defects, fraud, and disputed results. While the continent has experienced waves of democratic progress, instances of questionable elections persist.

In response to electoral grievances, the judiciary often serves as the final avenue for seeking redress.

However, a pattern has emerged, with presidential election disputes frequently resolved in favor of maintaining the status quo, a trend that has raised concerns about the depth of consideration given to the merits of these cases.

An intriguing case in point is Tanzania, where the constitutional provisions explicitly limit judicial jurisdiction in hearing challenges to presidential elections. This provision, in Article 41(7) of the Constitution of the United Republic of Tanzania, restricts any court of law from questioning the election results when a candidate is declared duly elected by the Electoral Commission in accordance with the article.

More recently, the legal proceedings surrounding the 2023 Nigerian elections brought a notable reference to the “status quo.” President Bola Tinubu, in his bid to prevent the nullification of his INEC-announced victory, urged the court to consider the constitutional provisions, specifically those concerning his performance in Abuja, arguing that nullifying the election based on the failure to secure 25 percent of the lawful votes in the Federal Capital Territory (FCT) could lead to anarchy in Nigeria. This plea, which emphasizes the importance of interpreting constitutional provisions in a comprehensive manner, reflects the gravity of the situation.

A recurring lamentation in Africa is the manner in which military coups disrupt democratic governance and seize power. The recent events in Niger serve as a reminder of this trend. One primary justification put forth by putschists for their disregard of democratic mandates is the perceived absence of electoral legitimacy.

Some critics have pointed to the African judiciary’s role in these scenarios, suggesting that dismissals of electoral cases based on technical flaws and procedural rules, with insufficient consideration of the merits, can inadvertently enable and support civilian dictatorships.

This perspective positions the judiciary as an unwitting participant in undermining electoral democracy and exacerbating the challenges faced by the continent.

A noteworthy case is that of Cote d’Ivoire in 2010. After years of conflict and instability, the country held elections that culminated in a run-off between incumbent Laurent Gbagbo and the main opposition candidate, Alassane Dramane Ouattara. The outcome of this closely contested election led to an intense legal battle. The Independent Electoral Commission (IEC) declared Ouattara the winner, but Gbagbo contested the results, alleging widespread electoral irregularities, particularly in Ouattara’s stronghold in the northern region.

The subsequent legal proceedings resulted in the Constitutional Council annulling nearly 600,000 votes belonging to Ouattara, effectively declaring Gbagbo the winner. Some of the grounds for the nullification of these votes raised concerns about the rationale behind these decisions. The case presented a complex situation where electoral technicalities and procedural interpretations played a significant role in shaping the final judgment.

Similar situations have emerged in other African countries. In Ghana’s 2012 election, allegations of over-voting, voting without biometric verification as required by law, and other irregularities led to a legal challenge brought forward by Nana Addo Dankwa Akufo-Addo against John Dramani Mahama, the president-elect. The petitioner argued that, when adjusting for the alleged tainted votes, Mahama’s majority win did not meet the 50 percent-plus-one-vote threshold required by the Ghanaian constitution.

However, on judgment day, the majority of the judges opted to uphold the election results. One notable justification for this decision was that, despite the acknowledged anomalies, the election was deemed to have been conducted in “substantial accordance with the Constitution.” This interpretation of jurisprudence was met with criticism from legal experts, who questioned the willingness to overlook anomalies that seemed to directly contradict constitutional provisions.

As the Nigerian Presidential Election Petition Court, led by Justice Haruna Tsammani, approaches its judgment day, there is considerable speculation about the outcome. Given the complex history of electoral disputes and the prevailing trend of maintaining the status quo, the expectations are mixed. Some hope for a thorough examination of the merits, while others worry about the possibility of technicalities overshadowing substantial concerns. The outcome of this judgment will have far-reaching implications for Nigeria’s political landscape.

While some may hold optimistic views regarding the court’s role in upholding the principles of justice and fairness, others express skepticism. A pessimistic perspective suggests that the result, regardless of its nature, may not lead to significant changes. This view envisions a scenario where social media chatter and discussions about tribe and personal alliances take precedence, diverting attention away from the broader implications of the judgment.

This cyclical pattern of underdevelopment, reminiscent of the Greek myth of Sisyphus endlessly pushing a boulder, captures the frustration that many observers feel when confronting the persistent challenges facing Africa. The potential for transformative change remains elusive, as the continent navigates the intricate terrain of elections, governance, and the role of the judiciary.

In the end, as the judgment day draws near, the fate of the petitions, the credibility of the electoral process, and the trajectory of Nigeria’s political future hang in the balance. The Nigerian judiciary, often seen as a vital institution in the African desert of justice, faces a critical test. Regardless of the outcome, the impact of this judgment will reverberate across the nation, shaping the course of events and setting the tone for future elections and governance. In this complex landscape, where hope and skepticism coexist, the journey of Africa’s electoral democracy continues, with both opportunities for progress and persistent challenges that demand resolution.

Credit: TheNewsNigeria