In Nigeria, as in many other parts of the world, politically-exposed lawyers are believed to make a kill from election-related cases. The consensus is that the degree varies from country to country.
It is probably, more interesting in Nigeria than in most places because of the quest by politicians to hold political posts by all means, which also determines the extent they can go in matters of legal fees to their lawyers.
Every election throws up opportunities for legal tackles, and here, the cases usually last longer than they ordinarily should.
It may be fair to say that such lawyers are not fans of free and fair elections. They want acrimonious polls to enable them ply their trade and make some money.
But some lawyers say that public perception about the huge money lawyers earn from such cases is misplaced. According to them, some lawyers take up such cases pro-bono (without fees). It is the faulty elections in the country that is responsible for these permutations, analysts say.
In its assessment report of the 2019 general elections, the European Union Election Observer Mission in Nigeria stated that the 2019 Nigeria’s general elections were “overshadowed by systemic failings” and emphasised the need for an “inclusive national discussion on electoral reform.”
“The environment for this election has been difficult with cases of violence and intimidation,” Maria Arena,chief observer, said.
Also, the Situation Room, an umbrella group comprising more than 70 civil society organisations in Nigeria equally advocated for a nationwide independent inquiry into the manner the general elections were conducted.
The Independent National Electoral Commission (INEC) has continued to receive knocks over alleged lapses which overshadowed the exercise across the country.
Elections in several states were militarised, marred by high level of voter apathy, violence, snatching of ballot boxes and operational glitches.
This was responsible for the establishment of election tribunals, offering opportunities to those who felt so strongly that they lost the election through some hanky-panky deals or some form of connivance between their opponents and some other corrupt elements within the system, and needing to reclaim such alleged stolen mandates.
The volume of complaints arising from the conduct of the 2019 general election is an indication that something was wrong with the election. Before the exercise on the February 23 and March 9, parties had complained that they lacked confidence in the Independent National Electoral Commission. But the elections have been held and results declared by the INEC. Those who felt hard-done-by are looking towards the Tribunals to reclaim their alleged stolen mandates.
At the federal level, AtikuAbubakar, presidential candidate of the People’s Democratic Party (PDP) is in court, arguing that he won the election. In many states, some governorship candidates are saying that they were robbed of their victories.
In Kaduna State, Isa Ashiru of PDP is screaming foul over the victory given to Nasir el-Rufai; NsimaEkere of the All Progressives Congress (APC) is contesting the victory awarded to Udom Emmanuel of the PDP in Akwa Ibom State; Great Ogboru of APC in Delta State is not happy that IfeanyiOkowa of PDP went away with victory. In Adamawa, the incumbent governor, Ibrahim Bindow of APC is contesting the victory won by AhmaduUmaruFintiri of PDP and UcheNwosu of Africa Action Congress (AAC) is protesting the victory of Emeka Ihedioha of PDP.
Thousands of candidates for the National and State Assembly elections are also at the tribunals across the country either defending their victories or arguing that they were robbed of their victories at the polls.
The battle has since shifted to the tribunals and courts. In most cases, the financial strength of a politician to hire some of the country’s best and most experienced lawyers and pay high legal fees naturally play a major role in their victory at the tribunal and court, eventually.
BDSUNDAY gathered that known lawyers, including the Senior Advocates of Nigeria (SAN), charge up to N40 million for gubernatorial case at the tribunal, while cases involving a National Assembly candidate could cost up to N15million or more if it involves a sitting candidate.
The charges depend on the negotiation power of the client, the pedigree of the lawyer and relationship with the candidate and above all the intricacy of the matter at hand.
Some lawyers who spoke to our correspondentsaid that election petition cases in Nigeria are for few lawyers who had re-circled themselves over the years and are charging exorbitant fees.
Ayo Kusamotu, asenior lawyer and political analyst, said that legal fees by lawyers for election petition matter was not fixed, but based on several factors, such as the pedigree of the candidate, the political party and experience of the lawyer.
Kusamotu, however, said that the election petition cases were for a special set of lawyers.
He said that a presidential candidate may spend up to N700million to N800 million on a case depending on the pedigree of the lawyers handling the case.
According to him, “The amount a candidate pays for election matter is not something that is fixed; it is based on negotiation, economic viability of the candidate. But it is a circle of lawyers that is into election cases in Nigeria.
“Personally, I don’t do election matters, it is not for everyone; it usually involves a circle of lawyers; I agree this may be business time for them.
“We all know election matters are expensive; for example, in a governorship petition case, a candidate can spend up to N200 million; if it is an incumbent it can go up to N300 million”.
Activist and constitutional lawyer, OlisaAgbakoba, Senior Advocate of Nigeria (SAN), disagreed that lawyers were being paid high legal fees by candidates and political parties, noting that in some instances lawyers take up the cases for free (pro-bono).
“There is a myth surrounding election petition
tribunal cases, people think lawyers are paid handsomely but that is not true. There is also a myth that when you represent an incumbent governor for example, you are paid highly, in most cases the candidates don’t even have money, they beg us to take these cases for free and some would promise to pay you later.
“I have been involved in election petition cases for more than 30 years;so,I know what I am saying. When I did the court case for Jonah Jang in 2003, I was paid N4 million. But even if what you are saying is true, the reason we went to school was for us to reap from our hard work.”
Agbakoba, however, faulted INEC on the conduct of the 2019 general elections, noting that the large volume of candidates and political parties going to the election tribunal to reclaim their mandate was an indication that the election was not free and fair.
According to Agbakoba, “1998 election was the worst election of the electoral process; it still has record cases of election petitions. But in 2007 and 2011 it dropped, except for the Peter Obi of Anambra case.
“This means that public confidence in the electoral process increased; politicians saw that the umpire was free and fair. But the 2019 election is the worst election in Nigeria’s history; the perception is that INEC was not free and free. A political party is challenging in Plateau State that their logo was not on the ballot paper; that is what we are seeing.”
An analyst, who spoke to BDSUNDAY on condition of anonymity, said that the desperation of politicians, particularly, the incumbents, to retain their positions makes some of them to pay amount of money that may sound unbelievable to the ear, to their lawyers.
“Recently, it was reported that constitutional lawyer and human rights activist, Mike Ozekhome, senior advocate of Nigeria (SAN), was paid N75 million legal fees by a former state governor in one of the South-western states.The Economic and Financial Crimes Commission (EFCC), as a result of that huge payment, had then frozen Ozekhome’s account alleging that the money was got through fraudulent means. But the man insisted it was a part payment of his legal fees. So, that can give people the idea of how much the lawyers representing the President and AtikuAbubakar are being paid.
“Mind you, if you look at the list of the lawyers representing President Muhammadu Buhari, Atiku, and some governors, they are the A-list of the nation’s lawyers and you can imagine the huge legal fees going to them,” the pundit said.
DapoOjo, lawyer and former president of CivilLiberty Organisation (CLO), noted that election petition cases in Nigeria were only for few lawyers who are experts in it, stressing that electoral law gives room for candidates to personally present their cases at the tribunal if they cannot afford a lawyer.
“The charges are different, it depends on your status as a lawyer, your experience and the candidate involved. But the law makes provision for candidates to defend themselves at the tribunal; that is, if they can’t afford a lawyer, but very few lawyers do election matters, it does not bother me,”Ojo said.
According to him, “It is good that the candidates are going to tribunal than hire touts to go and cause crisis. It is the right of people who are aggrieved to seek redress in court. Even Buhari went to court three times to challenge the result of presidential elections in the past”.
Activist and constitutional lawyer, IdowuOmolegan, however, noted that the high number of candidates approaching tribunals to challenge the result of elections across the country was a result of failure of INEC to conduct credible elections.
He added that the flawed election trend portends danger to the nation’s democracy and advocated for a reform of INEC.
“We have high number of cases at the tribunals because of the way the 2019 general elections were conducted.You saw it. Personally, I am not happy with the way INEC conducted the election; look at what happened in Kano and other places,” Omolegan said.
“The election was a setback from 2015. INEC has to be reformed; we cannot continue this way, it portends danger,” he further said.
Iniobong Iwok
