Election petitions overwhelming, hurting economy, says A’Court president

The President of the Court of Appeal, Justice Monica Dongban-Mensem, on Monday, bemoaned the volume of lawsuits emanating from elections in the country, saying it is preventing judges from dealing with other cases, including those bordering on the economy.

The appeal court president noted that from the 2023 general elections, 1,209 petitions arose, necessitating the setting of 98 panels of judges to adjudicate on them,

Giving a breakdown of the petitions,  she said five were filed at the Presidential Election Petition Court; 147 at the senatorial election tribunals;  417 at the House of Representatives elections tribunal;  557 at the Houses of Assembly election tribunals and 83 focusing on the governorship elections.

Justice Dongban-Mensem spoke at a special court session marking the commencement of the 2023/2024 Legal Year in Abuja on Monday.

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She said, “The cost and negative effect of electoral litigation is becoming worrisome. It is becoming economically alarming that the entire Nigerian judicial system is inundated with electoral litigation and adjudication almost all year round.

“It is a matter of concern that a large number of judges of the trial court have been engaged for six months in the exclusive management of electoral cases. The implication is that commercial matters are tied down in our courts. Industrial disputes and land matters which when determined in good time could create jobs and release cash flow into the economy are tied down in court registries.”

Justice Dongban-Mensem noted that of the 28 states where governorship elections took place in the last general elections, only Kwara, Niger, Yobe, and Katsina did not result in litigation.

She said already, lawsuits had started arising from the primary elections ahead of the off-cycle governorship elections in Bayelsa, Imo, and Kogi states November 11 elections.

Dongban-Mensem said, “We have already received several pre-election appeals related to the conduct of political party primaries in these states and we are working assiduously to ensure that they are promptly disposed of. No days off for judicial officers!”

She, therefore, urged politicians to embrace the spirit of sportsmanship,  adding that all elections should not always end up in the court.

“Democracy is beautiful, it is the way to go. However, politicians should, in the interest of our national economic development, imbibe the spirit of good sportsmanship. They should pay more attention to internal democracy and exercise the spirit of loyalty to a cause, which necessarily entails letting go in the interest of discipline and internal harmony. All elections need not end up in court,” she said.

In his remarks, the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), condemned attacks on justices of the Presidential Election Petition tribunal in Abuja.

Fagbemi said,  “Litigants and lawyers must insulate the judiciary from undue media vilification and partisan criticism.

“It is unacceptable to engage in extreme, outlandish criticism, inclusive of direct threat on judges in the discharge of their judicial duties.”