Daniel Bwala, spokesperson for the presidential candidate of
the People’s Democratic Party, PDP, Atiku Abubakar said the 2023 elections have
brought about Nigeria’s worst court judgements in recent years.
Bwala said this in an interview with Arise Television on
Monday,
According to him, the electoral tribunals of the 2023
presidential and gubernatorial elections led to the most inconsistent and worst
judgements that the courts have delivered.
He expressed dissappointment over the sack of the Plateau
State governor, the PDP’s Caleb Muftwang, by the Appeal Court in Jos.
Bwala said, “In 2023 elections, we have had the worst
judgement of courts. We have not had so much of conflicting decisions by one
tier of government, because if you look at the election tribunal this year;
“…you will notice that there were inconsistencies in one or
two tribunal cases at the trial level, and probably at the Supreme Court, one
or two complaints, but at the Court of Appeal is where almost all of these
conflicting judgements have so far been experienced.”
Bwala further stated, “The court of Appeal is one court, so
the court in Abuja can be relied on as the same court in Lagos, and as such,
one will expect the court to be able to keep abreast of its judgements and keep
consistent and constant judgements.
“The judgement by the court of Appeal in Plateau State that
removed the governor, the appellate court dealt into the merit of a
pre-election matter, and they said it also qualified as a pre-election and main
election, and they delivered the judgement.
“The same court of Appeal in Ebonyi state, the case of
pre-election was canvassed. The court of Appeal in Ebonyi said it’s a
pre-election matter, we do not delve into pre-election.”
Bwala said the decision taken in Ebonyi state was also taken
in Benue state, as the Appeal Court refused to delve into pre-election matters.
He noted that in the case of the 2023 elections, the Supreme
Court had made it clear that opposition members of a political party are not
allowed to bring up a case of pre-election matters of other political parties
to the courts.
The lawyer said that several retired justices have always,
in their judgements, classified the decisions by lower courts that did not
follow the judgement of the Supreme Court as “Judicial Rascality.”
He added that they are embarking on their own frolics
contrary to the constitution that says the judgement of the Supreme Court binds
all other courts together.
He said, “I have no doubt in my mind that the Court of
Appeal decision in Jos, when it goes to the Supreme Court, that like the way,
when we say ‘All eyes are on the judiciary,’ the people seem to think that
you’re blackballing the judiciary. No, when you say ‘all eyes are on the
judiciary,’ you’re saying our hope now lies on how they will interpret.
“So, this case of Plateau State, when it goes to the Supreme
Court, it will be a case of the Supreme Court vs the court of appeal. It has
more to do with the sanctity and integrity of that Supreme Court itself;
“…because Supreme Court will have to determine whether that
judgement they delivered in Presidential election tribunal is to be carried out
by subordinate courts in Nigeria. Because they made it clear that a decision by
the final court is called a settled law.
“Once a law is not determined by the final court, it is not
a settled law. But once it is determined by a final court, it is cast in stone.
So, the Supreme Court will have to determine whether the Appeal court is above
it, or it is above the Court of Appeal.”
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