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Don’t Succumb To Mob Mentality In Deciding Cases – CJN

The Chief Justice of Nigeria, CJN, Justice Olukayode Ariwoola, had pushed back against heavy criticisms of the judiciary following recent judgments by election petition tribunals, with warning that judges will not succumb to mob mentality in deciding cases.
The Supreme itself Court had come under heavy attack from the opposition Peoples Democratic Party and Labour Party, LP after it validated the victory of President Bola Ahmed Tinubu in the February 25 governorship election.
Atiku Abubakar of PDP and Peter Obi of LP came second and third respectively in the presidential election contested by 18 candidates.
But they had challenged the victory of Tinubu in court and lost at the Court of Appeal, the court of first instance in the presidential election as the judges declared that they failed to provide evidence to prove that they won the election.
They appealed to the Supreme Court, where they also lost to Tinubu. The panel of the apex court, in a unanimous judgment, declared that both opposition candidates were mere clutching at straws in their claim that they won the election as they failed to provide concrete evidence to justify the claims.
Legitimizing Bandit Robbery
However, despite such glaring deficiencies in their petitions as unanimously declared by the two courts, Atiku and Obi had at separate press conferences held after they lost at the Supreme Court accused the apex court of legitimizing mandate robbery after their bid to upstage the victory of Tinubu failed.
Aside from the tribunals, the Court of Appeal has come under heavy criticism in the past few weeks over what some analysts have described as inconsistency in its decisions.
Significantly, critics have picked holes in Court of Appeal rulings on Kano and Plateau governorship election petitions in which the judges sacked Governors Abba Yusuf and Caleb Muftwang of the PDP and the New Nigeria Peoples Party, NNPP respectively and declared their APC opponents winners of the election.
The Court of Appeal had also sacked lawmakers elected into the state and national assembly on the platform of PDP in Plateau State over the alleged failure of the party to abide by a court order ordering to conduct fresh congresses across all the local governments of the state.
Lawyers, politicians and analysts have been making media rounds condemning the decisions even as they impugn the integrity of judicial officers.
Public opinions, sentiments can never take the place of law
But speaking at the opening of the special session of the 2023/2024 legal year and the swearing-in of 58 newly appointed Senior Advocates of Nigeria (SANs) in Abuja on Monday, CJN Ariwoola urged judges not to give in to mob mentality and emotions in deciding cases.
The number one jurist in Nigeria, however, urged judicial officers to discharge their functions with all the humility they can bring to play.
He said: “I expect every judicial officer to work very hard and also be very honest and courteous to the litigants, witnesses and members of the bar, and discharge all your judicial functions with all the humility at your command.
“Even while doing this, it is still necessary to have at the back of your mind that public opinion, sentiments or emotions can never take the place of the law in deciding the cases that come before you.
“The law remains the law, no matter whose interest is involved. In all we do, as interpreters of the law, we should endeavour to sever the strings of emotion from logic and assumption from fact.
“We should never be overwhelmed by the actions or loud voices of the mob or crowd and now begin to confuse law with sentiment or something else in deciding our cases.
“Nevertheless, unnecessary and unwarranted utterances are bound to embarrass not only others, but the Judge himself; thus what should be asked, should be asked, and what should not be asked, should be avoided.”
CJN Ariwoola urged judges to make books their armour and not be afraid of venturing into “unchartered territories”, to “confront the headwinds of ignorance, conservatism and stagnation.”
“I therefore, advise all judicial officers serving in our jurisdiction to make books their armour and hard work their armaments to confront the headwinds of ignorance, conservatism and stagnation.”
Shun Corruption
He, however, warned the judges against engaging in corruption, advising them to display integrity, morality, and good behaviour” in the discharge of their duties.
In a situation where a judge decides a case wrongly out of motives, it shakes the faith of the litigant public; and by extension, the whole society.”
The CJN further added that a corrupt judge has no right to continue to occupy the chair as a judicial officer.”
He therefore called on judges to “lead a disciplined and principled lifestyle that will enhance their trust and integrity quotient.”
Stop Cases At Appeal Court
To reduce the burden on the apex court, CJN Ariwoola advocated for an amendment of the Nigerian Constitution to stop ‘most’ cases at the Appeal Court. He said the Appeal Court has the competence to decide on most of the cases.
“I have made it clear on different occasions that it is not every dispute that must find its way to the court, and it is not every matter that must come up to the Supreme Court on appeal. Our laws have to be amended to make most appeals end at the Court of Appeal, said Ariwoola, who also appealed to Nigerians to stop taking all frivolous cases to court
Ariwoola noted that the Supreme Court, between September 2022 and July 2023, delivered a total number of 251 judgments.
“Out of these, 125 were political appeals, 81 were civil appeals and 45 were criminal appeals. Within the period under review (precisely 10 months’ duration), a total number of 91 Rulings were delivered by the Honourable Court.
He also promised 11 more justices to the Supreme Court to achieve the unprecedented full complement of 21 justices.
Tinubu ready to carry out reforms of the judiciary – AGF
Also speaking at the event, the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN) urged the National Judicial Council (NJC) to put more urgency in the process of filling the vacancies at the Supreme Court.
He added that President Bola Tinubu is ready to carry out reforms of the judiciary. But he said this will be with the cooperation of the judiciary itself.
Mr Fagbemi, a Senior Advocate of Nigeria (SAN), expressed President Bola Tinubu’s “readiness to implement judicial reforms with the cooperation of the judiciary.
But the Body of Senior Advocates of Nigeria (BOSAN) represented by Ebun Sofunde, ( SAN) also agreed at the event that Nigerians were losing hope in the judiciary and are such, resorting to use of extra-legal measures to settle disputes. He blamed the situation on heavy workload on Judges.
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Saka Drags Critics Over Arsenal’s Title Win
Bukayo Saka said that Arsenal’s critics were “not laughing at us anymore” as the club celebrated their first Premier League title in more than two decades.
Gunners players and staff gathered at the club’s London Colney training ground on Tuesday to watch closest challengers Manchester City draw 1-1 away to Bournemouth—a result which gave Arsenal an unassailable four-point lead at the top of the table with just Sunday’s final round of matches remaining.
As the Arsenal squad relished the club’s first Premier League title since 2004, there were also joyous scenes at the north London side’s Emirates Stadium, where thousands of supporters gathered to mark the occasion by lighting fireworks and flares.
Arsenal, runners-up in the league for the previous three seasons, had faced accusations of “bottling” their title bid, with several observers questioning their temperament and ability to handle pressure following a 2-1 defeat at City on April 19.
But while City subsequently drew at Everton and then at Bournemouth, Arsenal won their next four league games without conceding a goal.
Arteta, who rejoined Arsenal as manager in December 2019 with the club in dire straits, installed a blacked-out Premier League trophy at Colney which would light up only when the Gunners won the title
“Light that up,” Saka said in footage posted by defender Jurrien Timber on his Instagram account.
“Let me tell you something. Twenty-two years, 22 years. there was laughing, there was joking, they’re not laughing anymore,” the England international added. “Look, it is going to be shining, it is going to be shining bright.”
In an Instagram post, this time on Saka’s channel, Arsenal’s Myles Lewis-Skelly was seen holding a champagne bottle.
“They called us bottlers,” said Lewis-Skelly who, like Saka, came through the club’s Hale End Academy youth system. “And now we’re holding the bottle.”
Former Arsenal manager Arsene Wenger featured in a celebratory post put out by his old side.
The Frenchman, who won three Premier League titles with the Gunners, including the 2004 ‘Invincibles’, said: “You did it. Champions go on when others stop. This is your time. Now, go on and enjoy every moment.”
City manager Pep Guardiola, who had Arteta as his assistant for two of the Manchester club’s league titles, paid tribute to his fellow Spaniard.
“On behalf of everyone at Manchester City, we congratulate Mikel and all the staff, players and fans on winning the Premier League,” Guardiola told Sky Sports. “They deserve it, for so much hard work and effort.”
Arsenal will be presented with the Premier League trophy after their final match of the domestic season at Crystal Palace on Sunday.
The Gunners could yet end the campaign with an impressive double when they go in search of their first Champions League title against Paris Saint-Germain in a Budapest final on May 30.
AFP
News
Group Petitions Remi Tinubu Over Women Neglect In Oshodi/Isolo, Wants AYA For Reps
A women right group, ‘The Women Advocates’ (TWA) has petitioned the First Lady, Sen. Oluremi Tinubu over male domination of elective and appointive positions in Oshodi/Isolo Federal Constituency II ahead of the forthcoming primaries of the All Progressive Congress (APC) in Lagos State.
In a petition addressed to the wife of the president, the group sought the intervention of the First Lady over what it described as total neglect of the women folks in aspiring for the House of Representatives seat from the constituency.
The group in the petition which was jointly signed by its coordinator, Adejoke Olaogun and Secretary Helen Nwachukwu respectively noted with dismay that since the advent of the second republic in 1999, no female politician has been given the opportunity to represent the constituency at the House of Representatives.
The group listed six male politicians who have represented the constituency to include Gbolahan Okuneye, Jaiyeola Ajatta, Hakeem Muniru, Tony Nwulu, Ganiu Johnson and now currently Okey Joe Onuakalusi.
The Women Advocates said the total domination of elective and appointive positions by male politicians in the constituency negates the gender equality and all-inclusive principle of President Bola Ahmed Tinubu who recently supported constitutional amendment initiated by the National Assembly for increased women’s participation in governance by advocating for at least 35% affirmative action in elective and appointive positions.
The initiative of the National Assembly also gained the affirmation of the ruling party, All Progressive Congress APC (APC) which officially pushed for reduced political hostility, greater inclusion in leadership and also introduced initiatives like ‘774 Explore’ for grassroot mobilization, aiming to boost female representation ahead of the 2027 elections.
“For this obvious gender imbalance, we are constrained to seek your intervention in addressing this anomaly. Being gender-friendly and a strong advocate of women’s inclusion in governance, we are convinced your timely intervention would restore hope of leadership opportunities for the women folks who are expectedly to mobilize extensively for the re-election bid of the president in 2027,” the petition read in part.
It continued: “To this end, we earnestly solicit consideration of female aspirants as APC candidates in a fair and equitable manner ahead of the forthcoming party primaries across the 25 LGAs and 37 LCDAs in Lagos particularly in Oshodi/Isolo Federal Constituency II where we lost the last House of Representatives election to the Labour Party (LP).”
The group specifically appealed for support for Angela Yinka Akintunde as a candidate for the House of Representatives seat in Oshodi-Isolo Federal Constituency II, describing her candidacy as a step toward bridging the gender gap in elective offices.
Women Advocates further urged party leaders and stakeholders to embrace inclusivity and fairness in the forthcoming primaries, emphasizing that equitable representation would enhance political development and social progress in the state
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Between ADC, INEC And Rule Of law –By Thomas Akor
Since the Independent National Electoral Commission (INEC) suspended recognition of all leadership factions in the African Democratic Congress (ADC) following a ruling by the Court of Appeal and ongoing litigation over the party’s leadership, the polity has been on edge. That is understandable given the status of the party as an emerging opposition platform.
In a statement by its spokesperson, Mohammed Haruna, the electoral commission hinged its decision on an order by the Court of Appeal. In obedience to the court order, the commission decided to stop engaging with any of the two warring factions until there is a substantive court judgement after it received conflicting letters demanding recognition from both sides. Pointedly, the judgement did not favour the faction led by David Mark, prompting INEC to decline recognition of his chairmanship.
The point, then, is that the court ruling of the Appeal Court undermines the legitimacy of David Mark’s leadership, and INEC’s position reinforces the legal effect of the judgement, effectively limiting his authority in dealing with the electoral body. To say that the decision places the party in a contested leadership situation, pending possible appeals or internal resolution, is to put it very mildly.
Not just ahead of the 2027 general election but in politics generally, it is a no-brainer that internal divisions impair coordinated campaign efforts across states. If the ADC refuses to put its house in order, it risks disintegration and utter irrelevance, both in the build up to the election and thereafter.
Disputes over legitimate party leadership will inevitably lead to conflicting candidate lists, risking disqualification or exclusion from ballots. Besides, the party’s ability to form alliances or coalitions ahead of elections will be significantly diminished. If the party continues to present a picture of instability, voters will simply look the other way.
The question they would be asking themselves is how a party that cannot properly organise, harmonise and manage its internal issues can hope to govern Nigeria effectively. The inescapable conclusion, given ADC’s antics so far, is that it is not prepared for the 2027 polls but is only interested in bickering and wrangling, intent on leading Nigerians, particularly undecided or swing voters, down a slippery slope.
If unresolved before key electoral deadlines, the ADC risks reduced participation or irrelevance in the forthcoming elections. The party is likely to experience operational disruptions unless a legally recognized leadership emerges quickly. Its performance may decline significantly in comparison to more stable parties, unless the crisis is resolved and unity restored.
The best-Case Scenario would be for swift judicial clarification or internal reconciliation restores leadership legitimacy and stabilizes party operations, while the worst-case scenario would be prolonged litigation and factional conflict result in parallel structures, disqualification risks, and electoral underperformance.
The court ruling and INEC’s response represent a critical inflection point for the African Democratic Congress. Without rapid resolution, the party faces a high-risk trajectory that could significantly undermine its competitiveness in the forthcoming elections.
The genesis of the current crisis plaguing the party is the decision by a member of the National Working Committee (NWC) of the party to drag its factional chairman, Senator David Mark to the Federal High Court, seeking an ex parte order. The judge didn’t grant it outright. Instead, he asked Mark to come and show cause why the request shouldn’t be approved.
Rather than argue his case at that court, the former Senate President proceeded to the Court of Appeal. The appellate court was clear: go back to the Federal High Court and argue your case. More importantly, the Court of Appeal cautioned INEC not to take any action that could render the pending suit useless. In simple terms “dont recognize anybody”. Not Mark. Not Nafiu. No faction
.Until the court settles the leadership tussle, there is officially no recognized leadership. INEC didn’t pick sides; it simply obeyed the court. However, in their typical manner, members of the party have been clutching at straws, accusing the electoral body of bias when the real bias and lack of objectivity lies within their own ranks. Rather than going through the legal process dictated by the laws of the land, they have been scheduling press conferences, issuing acerbic statements, and attempting to reap political capital from their own self-inflicted wounds. This move is, for want of a better position, patently illogical.
To the extent that INEC’s action is in tandem with the orders of court, to that extent is its position grouned in law, logic and democratic ethos. There is no basis for an alternative conclusion at the moment.
Thomas Akor a public analyst sent this piece from Gboko, Benue State
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