Jonathan Advocates for Constitutional Court to Streamline Election Litigations
Former President Goodluck Jonathan has called on the National Assembly to undertake a comprehensive review of Nigeria's electoral litigation process. Speaking in Abuja on Wednesday during the 70th birthday celebration and book launch of Gbenga Daniel, the senator representing Ogun East, Jonathan criticized the country's multi-layered election tribunal system as overly burdensome and inefficient.
Proposal for a Constitutional Court
Jonathan advised the establishment of a constitutional court to streamline all election-related cases, arguing that the current system, which requires cases to pass through the Tribunal, the Court of Appeal, and finally the Supreme Court, is unnecessarily protracted. He emphasized that this model is successfully implemented in many Francophone African countries, where constitutional courts exclusively handle election disputes, ensuring faster and more decisive resolutions.
Recalling Past Electoral Injustices
To illustrate the flaws in the existing system, Jonathan recalled a specific incident from 2011. "I remember a particular case where someone lost an election as a governor because the law then stipulated the use of red ink to tick voters' names," he said. "In an entire senatorial district, they were not provided with red pens and used available black or green pens. As a result, those votes were cancelled. The appeal court upheld this, even though the lower tribunal felt that a tick is a tick." This anecdote highlighted how technicalities can undermine the democratic process, leading to unjust outcomes.
Commendation and Criticism of Recent Reforms
Jonathan commended the National Assembly for amending the law to allow governorship election cases to reach the Supreme Court, acknowledging this as a positive step. However, he lamented that the amendment did not address the lengthy litigation process, which often delays final decisions and creates political uncertainty. He proposed that if the Supreme Court is to remain the terminal court for governors' elections, cases should bypass lower tribunals entirely, reducing the process to a single step for greater efficiency.
Call for Judicial Firmness
In addition to structural reforms, Jonathan called on the judiciary to be firm and decisive in its decision-making to cleanse the nation's politics. He used a sports analogy to emphasize this point: "Politics is like soccer and the judges are the referees. If the referee looks the other way, players will break legs or score with their hands." This statement underscored the need for a robust judicial system that upholds integrity and fairness in electoral matters, preventing misconduct and ensuring that justice is served promptly.
Conclusion
Overall, Jonathan's proposal aims to create a more streamlined and effective electoral litigation framework in Nigeria. By advocating for a constitutional court and emphasizing judicial firmness, he seeks to reduce legal delays, enhance democratic accountability, and foster a political environment where elections are decided on merit rather than technicalities. This call for reform comes at a critical time as Nigeria continues to grapple with electoral challenges and seeks to strengthen its democratic institutions.
