Chukwuka Ikwuazom, SAN Advocates Judicial Reform for Election Petitions
Former Chairman of the Nigerian Bar Association,NBA, Lagos Branch and current Chairman of the NBA Security Agencies Relations Committee, has called for a reform of the justice sector as a way of improving the efficiency and effectiveness of the adjuducatory process in the country.
He made this call at the Nigerian Bar Association Section on Legal Practice (NBA-SLP) Conference, which held between 16th-19th of July, 2023 in Abuja, Nigeria. In a session titled “The Tyranny and Dictatorship of Election Petitions: Where Is Justice?,” Ikwuazom offered a unique perspective on the matter.
He pointed out that many Nigerians believe that an excessive amount of judicial time and resources are devoted to pre- and post-election litigation, often to the detriment of other crucial cases before the courts. However, he firmly believed that pre- and post-election disputes are of significant importance and should be prioritized. In his view, no one who has contested for office should be sworn in until all disputes relating to his election have been resolved.
Ikwuazom expressed the view that the problem is not really the prioritisation of election disputes, but the inordinate number of election-related disputes that arise every election season and the fact that, even without the complications engendered by political disputes, the justice sector is dysfunctional. He explored the reasons behind the high number of political cases in Nigeria. He attributed it to the desperation of many politicians who are willing to go to extreme lengths to attain political office. Additionally, he highlighted the role of electoral laws, some of which are designed by politicians to serve their selfish interests and facilitate election rigging.
Ikwuazom SAN observed that the burden of proof on petitioners seeking to overturn elections is almost insurmountable. This, and the courts’ perceived reluctance to strike down electoral victories achieved in violation of applicable rules have combined to send a message to desperate politicians that they can get away with the most egregious offences in their bid to win elections. electoral malfeasance This, in Ikwuazom’s view, explains why impunity is getting progressively worse during elections.
To address this problem, Ikwuazom emphasized the urgent need for judicial reform in Nigeria. He recalled the efforts of the NBA Lagos Branch during his tenure, which worked on an Administration of Civil Justice Bill in collaboration with Commercial Disputes Legal Network (COMDIS- LAWNET) to produce an Administration of Civil Justice Bill. He believed that implementing some of the innovations in the Bill (which have been passed into law by two states) could bring about positive changes and efficiency, not only in handling election petitions but also in settling other commercial disputes.
In conclusion, Chukwuka Ikwuazom’s speech shed light on the importance of reevaluating the judicial process and implementing reforms to tackle the challenges posed by election petitions and improve the overall functioning of the court system in Nigeria.
