The jurisprudence of our election rather than improving to give us justice in our elections appears to be creating more road blocks for ‘losers’ of election to get justice in our courts. It is true that we are having series of judgments coming out of our election petition tribunals, including the Court of Appeal and Supreme Court, the ultimate question should be whether these judgments met the yearnings and aspirations of justice as understood by Nigerians.
Another principle of law that is gaining a very dangerous policy is that even when you have bomb shot democracy or gunshot democracy that the deaf and blind can see and hear, and the social media filming and photographing, you still need to call a voter from the poling unit to testify that there was no election.
So, for me, we must begin to interrogate the question of presumption of regularities because in most of the election petitions, INEC which is at the centre of the petition will not come to testify in defense of the allegations brought against it. It will quickly come to say “I enjoy presumption of regularities”, meaning that whatever result is issued by INEC is correct. That presumption must be interrogated. I urge our courts to take judicial notice of that.
Such development has both national and international implications. For instance, if the international community perceives as they are likely to, that you cannot get justice in our court, most likely, you will not have investment in the country. Also, Nigerians are resigning to fate. Most Nigerians are not likely to want to participate in politics or even go out and cast their votes.
Do you think it is possible to achieve free and fair election in Nigeria? If you are to advise Mr. President on steps towards that direction, what would you suggest?