What is wrong with our judiciary?

I think there is something wrong with our Judicial system in Nigeria, and the recent Judgement given in Abia State confirms my assertion.

Let me state here that I never really followed the Abia State PDP Governorship primary, so I am not against the fact that the incumbent Governor was disqualified for submitting wrong information to his party, the People’s Democratic Party, PDP.

But for the court, to order INEC to issue a certificate of return to Ogah instead of ruling for a fresh election with the latter as the right PDP candidate is disturbing. How sure are we that Ogah would have won the  election if he represented the PDP and is it right for one person to inherit the vote of another? Don’t you think the best thing to do would have been to conduct a fresh election?

I am not a legal practitioner but my copy of the Nigerian constitution states in section 141 (Electoral Act 2010 as amended) that: “An election tribunal or court shall not under any circumstance declare any person a winner at an election in which such a person has not fully participated in all the stages of the said election.” Indeed, section 140 (1) says if the court determines that a candidate who was returned as elected was not validly elected on ANY ground, the election should be nullified altogether. On what legal basis, then, did Justice Okon Abang declare Mr. Uche Ogah winner of the Abia governorship election?

It will be recalled that something similar to this happened in Kogi State, where a fresh candidate was made to inherit the votes of the late Audu.

Is it just me or is there something wrong with our Judiciary especially when it relates to political rulings?

I am just thinking aloud and I will please appreciate your thoughts. Drop your comments in the box below and I promise to reply.

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