Appeal Court, Again!

 In recent years, the Court of Appeal in Nigeria has been delivering judgments that call to question the competence and integrity of the judges at that level of our judiciary.

 It is sad that as other levels of the judiciary give judgments that enhance public confidence in the judiciary, the Court of Appeal has consistently given judgments that suggest either incompetence or lack of integrity.

 The latest in this show of shame is the controversial judgment of the Presidential Election Tribunal on the April 21, 2007 presidential election delivered by the Court of Appeal on Tuesday the 26th of February 2008. It was a black Tuesday!

 In the judgment, the Tribunal dismissed all claims of the petitioners and virtually declared that flawed election as a perfect election. I am sure that even the lawyers of INEC, PDP and President Yar’Adua would be embarrassed in their sober moments with the clean bill of health given that election. All through the proceedings of the cases, INEC, PDP and Yar’Adua consistently conceded that the elections were not perfect but that they substantially complied with the Electoral Act. In a curious judgment, the Tribunal states that the election had noflaws and that the defendants were actually ignorant in their admissions. Haba!

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How do these judges want the international community to perceive Nigeria and Nigerians? Did that judgment show us as a people who can ever correct ourselves and get our acts together?

 It would be recalled that this level of the judiciary had given certain judgments in recent times which the Supreme Court had course to overturn to restore public confidence in the judiciary.

 In the case between Senator Ifeanyi Araraume against the PDP over the substitution of his name, the Appeal Court had ruled that the PDP was right to have substituted the name of Senator Araraume as its candidate in the 2007 gubernatorial election in Imo State. The Supreme Court later upturned this with a judgment that the Court of Appeal was wrong.

 Again, in the case of Hon. Rotimi Amaechi versus the PDP over the governorship ticket of the party in Rivers State, the Appeal Court ruled in favour of the PDP. The Supreme Court had to upturn the judgment after election to declare Amaechi as the rightful candidate in that election. Again, it was the decision of the Supreme Court that restored the confidence of the public in the judiciary.

 The competence and integrity of the Appeal Court was again brought to question in the case between former Vice President Atiku Abubakar and INEC. The issue was the powers of INEC to disqualify any candidate in an election. A High Court in Abuja had said INEC lacked such powers. On appeal by INEC, the Appeal Court said INEC had the powers to disqualify any candidate and that only a court of law has such powers. This particular judgment has determined the cancellation of gubernatorial election in Kogi, Adamawa and appears set to affect more elections.

 Finally, during the proceedings of the Presidential Election Tribunal of the Presidential Election Tribunal, the Appeal Court overruled the request of Atiku Abubakar to serve a set of interrogatories on the chairman of INEC. It took an override by the Supreme Court before Iwu could be made to answer questions over the conduct over elections which he presided over.

 All these cases suggest that the Appeal Court is not, competent or lacks the integrity to sit over important cases. This is an issue that the Chief Justice of the federation, the Supreme Court of Nigeria and the National Judicial Court should look into.

 Funsho Adepegba
 Department of History,
 Lagos State University, Ojoo.