Conflicting Judgement; Bane Of Nigeria Democracy.... Onuesoke

"Issues of conflicting judgments arising from pre-election and post-election cases, have set Nigeria's democracy backward".

"Conflicting court orders are negatively affecting the consistency, neutrality and public perception".... Onuesoke


Peoples Democratic Party (PDP) Chieftain, Chief Sunny Onuesoke has ascribed the problem bedeviling Nigeria's nascent democracy to conflicting judgements by the judiciary.

Onuesoke, who spoke to journalists at Benin airport, Edo state on Saturday, while on his way to a "Climate Change Conference" in Lagos, said conflicting judgments, especially by courts of co-ordinate jurisdiction at the High Court level, are not only creating problems in the electioneering process, it is also creating uncertainty in our growing democracy.

He argued that conflicting judgments do not only confuse counsel and this leads to uncertainty with regards to some decisions, as it equally impacts negatively on the public perception of its ability to guarantee unequivocal justice.

The PDP Chieftain reiterated that, issue of conflicting judgments arising from pre-election and post-election cases, have set Nigeria's democracy backward.

He added that a case where one court in one judicial division may give judgement  on a particular course of action only to be contradicted by another court of coordinate jurisdiction from another division or even within the same division on the same subject matter, does not augur well for the development of Nigeria democracy.

"Conflicting court orders are negatively affecting the consistency, neutrality and public perception. There is therefore, the urgent need to address the issue of conflicting judgments in order to engender certainty in the electoral process", he advised.

He pointed out that lack of consequential orders by the courts after making findings on an issue and stating the position, has compelled the electoral umpire, the Independent Electoral Commission (INEC)  to take a position relying on previous decisions of the court on the subject.

"This has, in some cases, made the Commission (INEC) appear inconsistent and has also led to protracted litigation. Closely related to this, is the issue of orders to maintain the status quo by the court without stating the exact status quo intended. This has given room to parties to misinterpret the order to suit their purpose, thereby knowingly, causing confusion and controversy in the polity", he stated.

To resolve the issue, the environmental expert suggested that there should be productive engagement between the Judiciary and INEC for efficient and effective dispensation of justice on matters bordering on the electoral process.