By: Joseph A. Adudu, February 23, 2023
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| Prof. Mahmood Yakubu INEC Chairman |
For any democracy to thrive, respect for the rule of law is key.
In the light of the above, the courts are meant to be the bastion of society and the flagrant disregard of its judgements may lead to chaos . One of the establishments that should understand the rule of law is the independent National Electoral Commission (INEC) which is the electoral umpire. However, some pundits held that INEC has in many cases exhibited a culture of impunity thereby ridiculing us as a nation and putting our democracy in jeopardy.
A recent case in point is the Court Ruling in favour of the Labour Party (LP) directing INEC to accept and publish the name and relevant particulars of LP candidate for the Plateau South Senatorial Election scheduled for February 25, 2023, Hon. Alexander Kwapnoe.
Delivering his Ruling in the case, with suit No: FHC/J/CS/110/2022 between the LP, Alexander Yola Kwapnoe (Plaintiffs) against INEC, Hon. Justice Peter Hoommuk Mallong of Federal High Court Jos Division, granted the prayers of the Plaintiffs and ordered as follows; "It is hereby declared that the 1st Plaintiff duly complied with the provisions of sections 31 & 33 of the Electoral Act 2022 and, therefore, is entitled to the acceptance and publication by the Defendant of the name and relevant particulars of the 2nd plaintiff as its candidate for the Plateau South Senatorial Election at the relevant offices and on its web site.
2. "An Order is hereby, granted directing/compelling the Defendant Independent National Electoral Commission (INEC) to accept and publish the name and relevant particulars of the 2nd Plaintiff as the 1st Plaintiff's candidate for the Plateau South Senatorial Election at the relevant offices and on its website, the provisions of sections 31 & 33 of the Electoral Act 2022 having been duly complied with".
The above court Ruling was delivered on Wednesday 1st February, 2023 and served on INEC the following day. However, less than 72 hours to the election and more than three weeks of delivering the court Ruling, INEC has not complied with the Order of the Court.
Reacting on the matter, Danlami Agyisa, a Jos based Legal Practitioner with Law Firm situated at No: 7, Suzi Garden off Tafawa Balewa street Jos said, the court, government, parties, Nigerians must comply with court orders.
"That is a constitutional duty imposed on every one as stipulated in section 287 of the Constitution which says that judgements of every courts of law must be respected.
"That is, Judgements by High courts; Court of Appeal and Supreme court; must be respected by all persons and authorities. There are also obligations that are imposed on everyone".
Also reacting, Kenneth Obinna, an activist and social commentator said, "there is a duty on everyone to obey court orders INEC inclusive more so that it is the electoral umpire". On no account should anyone fail to obey court orders. Any society that does not obey court orders is heading to a state of anarchy. This brazenly acts of impunity is becoming too much.
"I think you journalists should start giving much attention to this menace by investigating why Government, individuals and Institutions derived pleasure in flaunting court Orders".
In her submission, Dr. Florence Gabriel, a Social Worker said, "I don’t think any democratic government that is worth its salt should disobey court orders because it is the basis. It is most unfortunate that it is INEC which is the electoral umpire that is involved in this act of recklessness. If you disobey court judgements, you ridicule the judiciary and constitution. You also ridicule everybody and it is an invitation to anarchy. And as I said earlier, it's unfortunate that the electoral umpire that is flaunting court Order".
Similarly, Barr. Usman Auta berated INEC for disobeying order of the court, saying, "Nigeria is not a banana republic. All must resist attempts by institutions of state to ridicule the country and make it seem like a lawless fiefdom".
Efforts to speak to the Head of Information, INEC office Jos before press time proved abortive as he did not respond to our phone call.
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