What is the latest joke among the nation’s leading political parties? It is to sue for a review of cases upon which the Supreme Court had adjudicated. It is a new low that shows how far the parties are willing to go to undermine the judiciary as one of the last bastions of democracy in Nigeria.
The People’s Democratic Party announced February 24 its intention to approach the Supreme Court for a review of the presidential election case between its candidate Atiku Abubakar and President Buhari nearly one year to the date. The impetus for the PDP’s action is that it is vexed that the All Progressives Congress has approached the court for a review of its judgement that threw out the APC governor-elect David Lyon for the failings of his running mate. Between them, the parties want the Supreme Court to review its judgements in the gubernatorial disputes in Zamfara, Imo and Bayelsa States.
In throwing darts at each other with the Supreme Court as the board, both parties cast doubts on the integrity of the court. They undermine its standing with right-thinking members of society. They harm society above all.
In the last two months, the court has received buffeting from politicians of all types. For the first time, the pronouncements of the Court have elicited not mere public debate but street demonstrations. Their judgements have sparked tension, particularly those that appeared absurd due to the failure to get electoral sums accurately.
Administrative and presidential failings mean that the Supreme Court operates with 16 instead of 21 justices currently. It needs more justices to carry out its many tasks.
Established at the advent of Nigeria’s republican status, the Supreme Court has appellate as well as original jurisdiction. It tackles appeals from the Federal Court of Appeal. It also tackles directly matters concerning the interpretation of constitutional disputes or those involving the states versus the Federal Government. Judgements of the Court are binding on all other courts except the Supreme Court itself.
Because it is a multi-appeal court, cases of various types come to the Supreme Court. They concern commercial disputes, various land matters, issues around international trade and much more. Increasingly, however, politicians are turning our Supreme Court into a single focus court tackling political disputes.
Various other cases requiring the analytical depth and wisdom of the highest bench in the land suffer delays. The justices themselves are under so much pressure to wade through many cases in double quick time such as the political cases demand.
The evidence is that the Supreme Court probably needs more assistance. We believe the National Judicial Council should consider some options. One would be to decentralise the Supreme Court through the creation of branches in the six regions. The judiciary has done this successfully with the Appeal Courts and even with the decentralisation of the Nigerian Law School. Another option would be to have two sections of the court, one dealing with Constitutional and Political Affairs and the other with Commercial Issues.
The matter requires more than the internal adjustments of the Court. The political class must reach a consensus on values and how to treat our institutions such as the Supreme Court. They must prevent a slide to anarchy such as is possible when citizens and litigants disregard the highest court.
The rascally conduct of the political class is a threat to what Nigeria has achieved so far with democracy. We call on them to engage in sober reflections about where they are taking our country, including turning our Supreme Court into fodder for their brinksmanship. It is not acceptable and should stop forthwith.
