Mixed reactions trail calls for electoral offences tribunal

By Raymond Mordi, Leke Salaudeen and Musa Odoshimokhe

Mixed reactions have trailed the persistent calls for the setting up of electoral offences tribunals.

Some stakeholders have dismissed the calls for the special court to address electoral offences, such as fraud, violence and vote buying.

They said the measure would amount to tokenism, since there is need for a total overhaul of the entire criminal justice system.

The proposal is coming against the background of the belief that rigging is the mother of all other maladies in a democracy, such as corruption and lack of responsible leadership.

Akintola

A legal practitioner, Mr. Niyi Akintola, said unless the country is restructured all palliative measures like the idea of setting up a special court for electoral offences will not work. He said: “No meaningful reform can be carried out, unless you change the grand norm; the constitution of the country. We have to restructure this country before we can make progress.”

Akintola said Nigerians love playing the ostrich, by burying their heads in the sand and leaving their entire body outside and think the country is making progress. He added: “I was going through the Nigerian Bar Association’s contribution to the attempt to amend the constitution during the era of Rotimi Akeredolu who is now the governor of Ondo State. At the end of the day, it was a futile exercise, even though the law makers were the ones who approached us and asked for our contribution.

“We spent 10 days in Uyo, deliberating on the matter. I was a co-chair at that event. We made written recommendations and handed it over to the Speaker of the House of Representatives and the Senate President at the time. But, nothing came out of the effort; it was just like taking one step forward and several steps backwards. Unless we restructure this country, all this palliative measures will not work.”

He was initially reluctant to comment on the issue, saying: “I don’t comment on issues where there are no facts”. He added: “Certainly, I am not satisfied with the way electoral offences have been handled since the return to civil rule in 1999, but you don’t discuss such a thing without subjecting it to detailed analysis.”

Tsav

Former Lagos State Police Commissioner Mr. Abubakar Tsav said it is a very good idea, if the judges are made to obey their oath of office and do their job the way it is supposed to be done.  He said the atmosphere must be conducive for the court to succeed; otherwise the idea would not work, because politicians are fast and desperate.

Tsav said anyone who has observed people being put on trial for electoral offences would have seen glaring cases where technicalities were used to frustrate interesting cases that would have enriched the country’s jurisprudence. He added: “That has been the major problem. The way people are prosecuted and tried must be reformed; if we have a very good police force and a good judiciary this country will be okay.”

The former Police Commissioner said: “In the past, judges were isolated; they were not allowed to mingle with politicians. But, today, they are often in the midst of politicians. In fact, politicians sponsor their holidays abroad. If such a court is eventually set up, it should be given stringent conditions and they should also be given decent allowances, so that they would not be enticed.”

Babatope

Former Minister of Transport Ebenezer Babatope has said the establishment of Special courts for electoral offences will not make any difference. He said such special courts would not amount to justice. He added that government was not committed to genuine prosecution of electoral offenders, because those who committed electoral offences in the past are still walking freely without being punished.

Babatope said: “As long as these same people who have committed electoral offences are the same people calling for a special court for electoral offenders, nothing will come out of it. They will not apprehend electoral offenders, because they are the perpetrators themselves.

“Again, if the reform is from INEC, the commission is a wrong body to implement such reform. The INEC we have today is a complete failure. If INEC intends to arrest electoral offenders, it must arrest its officials first. That is where we are to start, as long as INEC Chairman Mahmood Yakubu is there, do not expect anything different. I don’t believe in it, because they are going to try wrong people.”

Ugwummadu

The President of the Committee for the Defence of Human Rights (CDHR), Mr. Malachy Ugwummadu, said the creation of special courts for electoral offences would not amount to magic wand. He said the existing courts should be strengthened, adding that the call for special courts is nothing but playing to the gallery.

Ugwummadu said if the existing courts are properly equipped and the number of its personnel increased, it would lead to quick dispensation of justice. His words: “What is needed is the strengthening of existing courts and delineation of their functions. You have to reorder the functions of the courts. It is not all electoral cases that should go to Supreme Court; some of the cases should be terminated at the Court of Appeal.

“Therefore, the recruitment of more competent judges will strengthen the existing courts. As long as we have the necessary expertise, state of the arts equipment and all that the courts need to function, justice will be quickly obtained; otherwise it would end the same way like others.”

Osifo

An All Progressives Congress (APC) chieftain Stanley Osifo said creation of special courts would quicken the dispensation of justice; it would boost the country’s rating on democracy globally. He said, if established, the special courts on electoral malpractices will not fizzle out like other similar initiatives.

Sagay

Eminent professor of law, Itse Sagay (SAN), has supported the call for the establishment of special courts for electoral offences. He said the special court would ensure quick dispensation of justice because cases would be given accelerated hearing which is lacking in the regular courts that are saddled with other numerous cases.

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Sagay said people commit terrible offences during the election because they know that the highest sanction they will get is to nullify the election results while the culprits will go scot-free. According to him, it was because they know the offenders would not be punished that many people have resorted to vote buying at the polling units.

The senior lawyer suggested that the special court should have powers to sentence those found guilty of electoral malpractices to three years imprisonment or to pay five million naira fine or both. When people know that in addition to have the elections nullified they will still go to jail or pay fine, they will refrain from violating electoral laws.

He said the special courts should not be set up at the High Court level alone it should be at the magisterial level as well so that all hands would be on deck.

Ubani

Vice Chairman of the Nigeria Bar Association (NBA), Mr. Monday Ubani, recalled that the Justice Muhammed Uwais panel on the review of electoral matters recommended the establishment of special courts to handle electoral offences. He regretted that more than a decade after the panel had submitted its report, this recommendation that would have enhance our electoral process has not been implemented.

Ubani said because most of the offenders had not been tried and convicted that is why the electoral malpractices still linger. He said a serious matter like this requires serious approach, hence the clamour for special courts to try electoral offenders.

The human right lawyer suggested that for the special courts to succeed, there must be special investigators to do thorough investigation and unbiased prosecutors to handle cases.. Once the investigator was able to get all facts connected with the case, it makes the job of prosecutor easy. He said many cases of electoral malpractices were lost because of wanton of evidence and lack of diligent prosecution, Ubani added.

Dayo

To the Chairman of the Peoples Democratic Party (PDP), Ogun State chapter, Chief Adebayo Dayo, there was no need for special courts. He said we have enough courts in the land to handle electoral matters, it will amount to duplication of efforts and waste of resources.

Dayo said although special courts may help in dealing with electoral matters with speed but I still prefer the regular court to handle them.