Coalition Calls On National Judicial Council To Commence Investigation On Justice Nwosu-Iheme

 

......Says Corruption has become Pervasive in the Judiciary

The Global Centre for Conscious Living Against Corruption said that Nigerian courts have increasingly been acquiring the reputation of temples of judgement, and not of justice.

This was disclosed on Friday at a press briefing in Abuja by the Director General of the Coalition, Dr. Nwambu Gabriel.

“There is perhaps no greater point in our national history than now when public confidence in the judiciary is at an all-time low, Dr. Gabriel said.

He further said that as a coalition of non-partisan, non-governmental civil society organizations who have been observing elections across the country, the coalition have also followed the proceedings of court as it affects the Cross River North Senatorial District bye-election.

He said, “On the 30th of July, the Election Petition Appeal Tribunal headed by Justice Nwosu-Iheme ruled on the matter following an appeal filed by Joe Agi (SAN) consequent to the victory of Sen. Dr. Steven Adi Odey at the Election Petition Tribunal. The court declared Hon. Jarigbe Agom Jarigbe as the winner of that election.

The Coalition, as observers to the Cross River North Senatorial District bye-election observed three main mind burgling issues about the said judgement:

“That pursuant to Section 285 (13) of the 1999 Constitution (as amended). An Election Tribunal or Court shall not declare any person a winner at an election in which such a person has not fully participated in all the stages of the election thus rendering the order made on the 30th July, 2021 on INEC to issue certificate of return to Jarigbe Agom Jarigbe who admitted before the trial tribunal that he was not given INEC Nomination forms and that his name was not forwarded by PDP (his political party) to INEC as its candidate.

“That pursuant to Section 141 of the Electoral Act, 2015 (as amended), 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. Thus making the order of the Honourable court made on 30th July, 2021on INEC to issue certificate of return to Jarigbe Agom Jarigbe who admitted on oath not to have been nominated pursuant to section 32 (1) of the Electoral Act 2015 (as amended) for the bye-election of Cross River North Senatorial district held on the 5th December, 2020 and his name not forwarded by his political party to INEC as its candidate is without jurisdiction and illegal.

“That Jarigbe  Agom Jarigbe did not file a cross petition and so cannot be entitled to any relief of the court of Appeal warranting his being declared a winner of the election.

The coalition said that Justice Nwosu-Iheme who presided over the matter was very hostile in court on the 30th of July, 2021 as she shouted down on all the counsels in court and allowed only the counsel to Hon. Jarigbe to address the court. This raises a lot of curiosity.

The Coalition raises many questions such as “If not for corruption, how could a Justice of the court of Appeal Jettison Section 285 (13) of the 1999 constitution (as amended)?

“How could a justice jettison Section 141 of the Electoral Act 2015 (as amended)?

“How could a Justice use a pre-election matter for which Senator Odey and even the PDP, (a party Hon. Jarigbe claimed to have won a primary election) not joined in the matter held in Abuja (a court without jurisdiction) to determine an election matter thus violating and contradicting the fundamental principles of elementary law.

“How could a Justice of the court of Appeal use a matter purportedly filed by one Chief John Alaga who was not even a candidate of any political party in the 5th December, 2020 Cross River North Senatorial District bye-election to rule on an appeal?

Dr Gabriel further accused the Judge by saying that for the first time in the history of Nigeria, an election tribunal delivered a judgment in so much hurry. It commenced sitting on Tuesday and ruled on Friday. There were three appeals with all the processes, objections, motions, etc., with very voluminous documents. These documents were not read nor even opened.

“No doubt, the controversy surrounding this matter has attracted it to be in the public domain. A real huge disgust to the public

“Cases such as this keep reoccurring because Nigerians prefer to remain mute. People are often reluctant to speak out on issues such as this. Little wonders, corruption has become pervasive in our Judiciary today, he concluded.