Kalu Agu: When An Ordinary Man On The Street Loses Faith In The Judiciary, It May Lead To Anarchy

Following the aftermath of the 2023 presidential election in Nigeria, a surge in court cases has swept across the nation, raising concerns about the integrity of the legal system. In Plateau State, the People’s Democratic Party (PDP) Governor’s Forum has expressed shock and dismay at what they describe as the deliberate targeting of the party’s elected officials in the state through pre-election cases, contrary to the prescription of the Supreme Court.

Kalu Agu, a prominent lawyer, discussed the multiple rulings in Plateau State during an interview on Arise News. He questioned the basis for disqualifying candidates based on disobedience of a court order, stating, “When did disobeying a court order become a disqualifying factor as provided in the 1999 Constitution of the Federal Republic of Nigeria? Section 66 of the constitution itemised all the disqualification factors, and disobedience of a court order is not part of it.”

Agu highlighted the perplexing decisions made by the election appeal panel, stating, “Our worry is how can one panel nullify elections and order reruns based on contradictory grounds. The same panel nullified PDP’s election and ordered a rerun in one case because APC came third, while in another case, where PDP came first and APC second, the court nullified PDP’s election and directed INECto withdraw the certificate of return issued to PDP candidates and to issue a fresh certificate of return to the APC candidates. This inconsistency is deeply troubling.”

Furthermore, Agu criticised the judiciary’s involvement in the internal affairs of political parties, emphasising that such matters should be beyond the court’s jurisdiction. He expressed his concerns, saying, “Why would our courts declare jurisdiction on matters of the internal affairs of the party? The judiciary has found itself in another scandal, eroding the public’s faith in the legal system. Justice should not only be done but should be seen to have been done. When an ordinary man on the street loses faith in the judiciary, it may lead to anarchy.”

Regarding the ongoing legal challenges, Agu stressed the urgency for the judiciary to address the conflicting judgments, stating, “The problem we are facing at the moment is that if the PDP is requesting the disbandment of the appeal panel for these cases, it may not be in their best interest. The court has only 60 days to hear and determine all the appeals before it, and I know that the 60 days are almost spent. So, it may not really be a good approach. The best approach would be for the judiciary to take action on this matter.”

As the legal battle continues in Nigeria, there is a growing call for transparency, consistency, and fairness within the country’s judiciary to uphold the integrity of the democratic process.

Kiki Garba

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