PEPC Judgement: The Verdict Can Destroy Presidential Democracy In Nigeria

 By Olu Fasan

Last week, I put everything aside to watch the ruling of the Presidential Election Petition Court, PEPC, from start to finish! With rapt attention, I picked up the minutiae of the extremely detailed verdict. But after the 13-hour-long ruling, I was utterly despondent about the future of presidential elections in Nigeria. 

*The 2023 PEPC Judges 

Let me start with two general observations. First, the judges worked to a predetermined answer. Because they couldn’t bring themselves to invalidate the election of a sitting president, unprecedented in Nigeria, they found every reason to affirm Bola Tinubu’s election. Courts of first instance are fact-finding courts that seek to get to the bottom of a matter and do justice. But the PEPC used every conceivable procedural technicality to reject virtually all the facts and witnesses presented by Peter Obi and Atiku Abubakar.

Abuja’s Special Constitutional Status And Why It Is Not A State

 By Sola Ebiseni

Contrary to wild assumptions for and against, Section 134 (1) (b) or 134 (2) (b) which deals with the requirements of 25 per cent of the votes cast at the Federal Capital Territory, FCT, as a prerequisite for declaring a candidate winner of the Presidential election in Nigeria, has never been directly and purposely interpreted by our courts. This is because no one has ever been declared President without having scored 25 per cent of the votes cast in the FCT to invoke the jurisdiction of the court to interpret the section accordingly.

It is a cardinal principle of our jurisprudence that courts do not indulge in speculative or academic matters. Its authoritative jurisdiction is invoke to interpret live issues. Thus, none of the cases so far cited from the varied opinions is precedent for our purpose. As stated by the Supreme Court in a plethora of cases “the decision of a court must always be considered in the light of its own peculiar facts or circumstances. No case is identical to another, though they may be similar. 

Bloody Attacks Must Stop In Nigeria

 By Obiotika Tochukwu

An April 9, 2023, St Francis Xavier Catholic Church Owo, Ondo State, was reopened. This is 10 months from June 5, 2022, when a bomb attack and mass shooting took place during a service in the church; in which 41 persons lost their lives and several others sustained varying injuries. Up till now there are no suspects regarding those who carried out the dastardly act. Such attacks have been going on in the country in recent times. To worsen matters, the government only mourns and condemns attacks, afterwards nothing happens. How does one imagine the mindless killings and no one cares?

Before last Easter, there were cases of bloody attacks in Benue State. The attacks in Benue State are too many. In the past, the state government despaired and lost every confidence in the Federal Government’s inability to help it to tackle the episodes.

Goodbye To The Culture Of Impunity

 By Ayo Oyoze Baje

One of the most significant factors that define and drive the engine of democratic processes is respect for the rule of law. That explains why constitutions are drafted and approved, with the aims and objectives to protect human rights and freedom of association and expression. In its full essence, the Constitution prevents the government and its officials from abusing power.

It also specifies the functions of the arms of government, be it the executive, the legislature and the judiciary. As for the 1999 constitution of Nigeria (as amended) it is predicated on promoting the principles, norms and ethos of democracy.

With it, Nigerians are supposed to be separated far from “The law of the jungle” which as an expression has come to describe a scenario where “anything goes”. In fact, the Oxford English Dictionary defines the Law of the Jungle as “the code of survival in jungle life, now usually with reference to the superiority of brute force or self-interest in the struggle for survival”.