Stakeholders at the 1st Inter-Party Advisory Council (IPAC) Roundtable with the theme ‘The Role of the Judiciary in Nigeria’s Democratic Sustainability’ have called on the judiciary to give correct interpretation to Bimodal Voters Accreditation System (BVAS).
In a communiqué issued at the end of the meeting, the stakeholders said if this is done, it will ensure the sanctity of Nigeria’s democratic sanity.
The stakeholders also recommended that Nigerian courts should take a hard look at some of the principles of electoral jurisprudence that are aiding and abetting the rigging and imposition of people duly rejected at the polls but wrongly announced and imposed by the electoral body.
They also recommended that the Nigerian judiciary must be bold and ready to do what it is set up to do in deepening democracy given the controversies that trail the conduct of elections in Nigeria.
“The old orders and some archaic precedents and principles that put roadblocks to democratic growth and development must be departed from and a new set of rules to guide the political behaviours of our political class must be set. The courts must emphasize the superiority of Constitutional provisions and Acts of Parliament over rules, guidelines, and regulations.
“The inevitable and sacred duty on the judiciary to avoid technicality and to do substantial justice since in the words of the Supreme Court, “…technical justice, in reality, is not justice but a caricature of it”
“The innovations introduced by the BVAS accreditation and uploading of elections results at the polling units to ensure transparent democratic processes must be given the correct interpretation to ensure the sanctity of our democratic sanity”, the Communiqué reads.
Furthermore, the stakeholders recommended that the electronic evidence in section 84 of the Evidence Act and the use of Technology must be given prominent pride of place to avoid old and analogue requirements of calling polling units by polling units evidence in proof of electoral malpractices.
“Legislation should nip in the bud the issue of laxity and latitude given to INEC to choose whichever method of transmission of results it wants; but adhere to a mandatory, uniform, clear and unarguable duty and obligation to be carried out by INEC via a clean and unambiguous status.
“The Nigerian Judiciary must maintain a very great distance from politics and politicians. The judiciary must be ready to order the demolition of superstructures erected on faulty foundations to produce winners in the elections in Nigeria instill political sanity in our political system and ensure democratic growth and sustainability.
“No court worth its salts should approve barbaric conduct that produced winners of elections in democracy on the principle of substantial compliance that will continue to encourage brigandage and hooliganism as parts of Nigerian brand of democracy.
“Our courts must resist the temptations of encouraging the continued use of thuggery as part of Nigerian democratic culture and values. Nigerians must not be seen as primitive in the comity of democratic nations.
“There is a critical need to fully introduce forensics, Automation, and Deployment of technology to the electoral process from registration to electoral transmission.
“To enhance resolution of disputes in Political parties, there should be legislation to entrench fixed Arbitration panels in Political Parties to deal with internal disputes in Political parties.
“Nigerian judiciary must move from the analogue jurisprudence to digital jurisprudence where the use of technological devices to resolve electoral disputes are welcome and deeply encouraged. No one needs to be physically present in Zamfara, Lagos, Enugu, Edo, and Rivers for instance to see what goes on in those states and others states on election days given the abilities of our technological devices that has made the world a global village”, the Communiqué noted.
The stakeholders noted that the role of the judiciary, particularly through election tribunals, is indispensable for upholding and sustaining democratic principles in Nigeria.
They said that the judiciary ensures the fair resolution of electoral disputes, upholds the rule of law, promotes accountability, safeguards democratic values, boosts public confidence in democracy, and sets legal precedents for the future.
“The commitment of the judiciary to these responsibilities is crucial in securing a robust and thriving democracy in Nigeria, where the voice of the people is respected, and the democratic process is transparent and just,” they added.
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