Conflicting judgements setting Nigeria’s democracy backward ― Onuesoke

People’s Democratic Party (PDP) Chieftain, Chief Sunny
Onuesoke, has ascribed the problem bedeviling Nigeria’s form of democracy  to 
conflicting  judgements by the
judiciary.

Onuesoke, while speaking to journalists on Saturday on his
way from Warri to a Climate Change Conference in Lagos, said  conflicting judgments, especially by courts
of co-ordinate jurisdiction at the High Court level, were not only creating
problems in the electioneering process, but also creating uncertainties in the country’s
growing democracy.

He argued that conflicting judgments do not only confuse
counsels and lead to uncertainties with regard to slum decision, they equally
impact negatively on the public perception of the ability to guarantee
unequivocal justice.

The PDP Chieftain reiterated that the issue of conflicting
judgments arising from pre-election and post-election cases has set Nigerian
democracy in reverse gear.

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
demoracy.

“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 National Electoral Commission (INEC) to
take a position relying on previous decisions of the court on the subject.

“This, as in some cases, made the Commission appeared
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 soothe their purpose, thereby knowingly causing confusion and
controversy in the polity,” he lamented.

To resolve the issue, the PDP chieftain suggested that there
should be productive  engagements between
the Judiciary and INEC for an efficient and effective dispensation of justice
on matters bordering on the electoral process.

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