CHAPTER FIVE
OBSERVATION RECOMMENDATION AND
CONCLUSION
5.1 Observations
In the course of this study and
sequel to our assessment of the judgments of the Governorship Election Petition
Tribunal, the following observations were made:
1. There is a structural defect which runs
through the judgment of Governorship Election Petition Tribunal in some States
in Nigeria and these have been responsible for the overruling of same by the
Court of Appeal.
2. Appeals are always the outcome of
almost (if not all) judgment of the Governorship Election Petition Tribunal
some States in Nigeria.
3. We observed form the judgments of the
Governorship Election Petition in Nigeria that, there is little or no
punishment giving to the defaulting party or parties even when an allegation of
crime by the aggrieved party has been proved beyond reasonable double.
4. The composition of the Governorship
Election Petition Tribunal is not expressly clear, owing to the provisions in
the 1999 Constitution1 and the
Electoral Act.
5. It is also observed with dismay that inadequate
sanction of electoral offenders has made the possibility of conducting a free
and for election in Nigeria a forlorn hope.
6. The issue of electoral violence is
global and progressive. It occurs in every part of the world. However, it
appears, the Nigeria context is on the high side2.
7. From the judgments of the Governorship
Election Petition Tribunal, it is observed that Election Tribunals in Nigeria
Lack the request jurisdiction to hear and entertain pre-election matter.3
8. It is further observed that the
ordinary Courts lack the jurisdiction to entertain electoral disputes arising
form the conduct of any election in Nigeria.4
9. We also observed that the judgments of
the Governorship Election Petition Tribunal in some State reflect the spirit of
democracy in Nigeria5
10. Finally, it is observed that some of the
judgements of the Governorship Election Petition Tribunal in some States in
Nigeria was arrived in compliance with the provisions of the Electoral and
other rules and regulations in judgments delivery while others were not.
5.2 Recommendations
Electoral violence is universal and
global and worst in Nigeria, yet, it does not mean that it is an indelible and
inevitable part of human condition. Through human determinations, ingenuity and
positivity of action, electoral violence can be controlled if not totally
eliminated in Nigeria and indeed other countries and there will be no need of
challenging the outcome of such election in Court or Tribunal as the case may
be.
From the forgoing, we have decided
to make the following recommendations which if religiously the future of the
victims of Electoral violence and irregularities and also help the Court or
Tribunal in delivering its judgment in Nigeria.
1. There
should be an effective electoral violence regime in Nigeria by making and
articulating a coherent and comprehensive judgment by the Governorship Election
petition Tribunal to project the aggrieved party or parties adequately.
2. The
judgments of the Governorship Election Petition Tribunal should be well
articulate to avoid too much appeal to the Court above. Even though the parties
cannot be satisfied at the same time no matter how sound the judgment is.
3. Appropriate
sanction should provided, especially where there is an allegation of crime
which has been proved beyond reasonable doubt.
4. Understanding
the context of Election so as to be able to employ inventions effectively.
Nigeria is a multifarious nation and as such the circumstance of occurrences
the nature and social acceptability of electoral violence should identified and
understood before making decisions and policies.
5. Monitoring
and elimination of certain factors that trigger of Electoral violence. For
instance, government and collaborators should be mindful of such individual and
family factors.
6. There
should be a clear cut provision in the Constitution or the Electoral Act as to
what constitute the quorum of the Governorship Election Petition Tribunal in
Nigeria.
7. The
learned members of the Governorship Election Petition Tribunal should ensure
that their judgments reflect the spirit of democracy all in the States of the
Federation
8. To
achieve free and fair election, the judgements of the Governorship Election
Petition Tribunal will not only be with respect to nullification of the
election or the removal of the offending party but also should punish the
offender where there is allegation of crime which has been proved against him.
9. Election
Tribunals should also have the power to entertain pre-election matters. This is
so because; justice will be attained quicker and easy as well as in time.
10. Finally,
the learned members of the Tribunal should ensure adequate compliance with the
Constitution and Electoral Act in delivering their judgements to avoid
unnecessary appeal.
5.3 Conclusion
There is no doubt that a wholistic
and comprehensive discussion on the judgments of the Governorship Election
Tribunal in Nigeria will keep one’s ink flowing till the coming of Christ6. We have however touched the essential
areas of the law that need to be tinkered and reviewed as far as this area this
concerned.
It is clear from the foregoing
expose that electoral violence is the after math of every election in Nigeria,
the Governorship election inclusive7. Some of
these irregularities form the conduct of the Governorship election usually end
up in the Court or Tribunal which normally result in diverse judgment by the
Tribunals in several States in Nigeria. A wholesome appraisal of the judgment
of the Governorship Election Petition in all the States in Nigeria is not
considered in this study for the purpose clarity. Accordingly, some contentions
and judicially challenged gubernatorial elections within the period the
election was held were appraised in the selected States.
From the judgments of the Governorship
Election Tribunal in the selected States, it is discovered that some of the Tribunal
have lived up to its expectations while other have not. This is as a result of
inconsistency in the judgments even when it relates to the interpretation and
application of the provision of the Electoral Act. This may be as a result of
incompetence of the learned members of the Tribunal or on the account of bribery
and corruption which is prevalent in this country.
It is however, our view that the
interest of the aggrieved parties or victims of electoral irregularities should
be adequately protected by the Governorship Election petition Tribunals in
their judgments. This is because what leads to electoral violence sometimes is
conflict of interest. What is required is balancing of interest. According to
Roscoe pound, the object of the law is to adjust relations and other conduct
and activities of men in their endeavour to satisfy their needs or demands so
as to enable satisfaction of as much of the whole scheme of demands with least
friction of waste.
We strongly believe that is the right
people are put in right position in Nigeria, the issue of electoral violence
will be radically minimized and there not be need for Court action. The recent
fight against electoral violence in Nigeria is equally commendable. Efforts
should be intensified on the fight against electoral malpractices in Nigeria
because the victims of Electoral practices need protections and the time is now.
1 See section
285(4) and items 2(1) &(2) of the sixth schedule to the 1999 Constitution
of the Federal Republic of Nigeria ( as amended).
2 This is why
all most every result of an election is challenged in Court or Tribunal in Nigeria
3 PDPV ONWE
(Supra)
4 This is
because Election Tribunals are specifically set up for that purpose
5 See Edo
State & Anambara State
6 Unless the
issue is properly addressed in Nigeria.
See the 1999. 2003, 2007 and of course, the 2011 election in Nigeria.
7 see the
States reviewed in this work for a better understanding.