98 Court Of Appeal Panels Sit On 1,209 Election Petitions

Ninety-Eight Court of Appeal panels have been sitting on the 1,209 petitions that were filed after the last general elections, President of the Court of Appeal (PCA), Justice Monica Dongban-Mensem, stated yesterday.

Besides, she said the appellate court attended to 813 cases that arose from the primaries conducted by the 18 political parties that participated in 2023 general election across the 36 states and the Federal Capital Territory (FCT).

Justice Dongban-Mensem said the political cases have been engaging the court to the detriment of other cases, which she noted, have economic and social implications.

The PCA) President spoke in Abuja while ruminating over the burden that mounting political cases were constituting on the court.

It was during a special session to mark the Court of Appeal’s 2023/2024 new legal year.

She urged politicians to learn how to manage their affairs and learn to let go when necessary.

The Justice said: “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 entail letting go in the interest of discipline and internal harmony.

“All elections need not end up in court. We must all remember that we hold the balance between chaos and order.

“We must therefore maintain our ongoing collaboration in fostering a stronger democratic foundation for our nation in discharging our constitutional role for a more perfect union.”

On the burden of attending to political-related cases: the PCA President added: “Following the conduct of primary elections prior to the 2023 general elections, the court received a total of 813 appeals arising from the primary elections, across the 36 states of the Federation and the FCT.

“These appeals were diligently heard and determined in a timely manner and in compliance with the tenets enshrined in the 1999 Constitution of the Federal Republic of Nigeria (as amended) and other regulatory rules.

“The election petition tribunals were established in three distinct categories: The Presidential Election Petition Court, the Governorship Election Petition Tribunal, and the National and State Houses of Assembly Election Petition Tribunal.

“This categorisation facilitated the efficient handling of election-related disputes. A total of 98 panels were constituted across the various Tribunals tasked with the responsibility to handle the 1,209 petitions filed.

“Among these petitions, five were directed at the Presidential Election Petition Court, 147 were for the Senatorial Election, 417 the House of Representatives, 557 associated with the State Houses of Assembly, 83 focusing on the gubernatorial elections.

“Twenty-eight states participated in the governorship elections, and petitions were filed in 24 states.

“Notably, four states (Kwara, Niger, Yobe, and Katsina) had no governorship election petitions filed. There will be off cycle governorship elections in Bayelsa, Imo and Kogi States respectively, scheduled for 11th November, 2023.

“We have already received a number of 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.

“The cost and negative effect of electoral litigation is becoming worrisome. It is becoming economically alarming that the ensure 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 determine in good time could create jobs and release cash flow into the economy are ted down in court registries.

“I call on statisticians to calculate, tabulate and publish the economic cost of these details and the benefits we lose in terms of time.”

She commended Justices and support staff of the court for a commendable performance in the previous year and urged the Federal Government to ensure prompt improvement on the welfare and work condition of officials of the court, particularly the judges.

“I wish to point out that it has been three years since we appealed to the Federal Government for the review of the salaries of judicial officers.

“Regrettably, no action has been taken. We have remained on the same salary for three years now. It is beginning to sound like a tale of the unexpected.

“I humbly urge the appropriate authorities to kindly consider this matter and take urgent measures for its resolution.

“It is unfortunate that in light of the increases in costs since the last review, Justices continue to live almost beggarly lives in service of their nation.

“The effect of this leaves much to be desired. Naturally, this contributes to the stresses and adverse health challenges experienced by the nation’s finest jurists.”

On the court’s performance in the previous year, Justice Dongban-Mensem noted that “during the 2022/2023 legal year, a total of 7,295 Appeals and 3,665 Motions were filed in the 20 divisions of the court.

“The court determined 3,765 appeals and disposed of 5,617 motions, while 1,030 of these appeals were dismissed and 10,381 were allowed.

“The court still has a total of 39,526 appeals pending as at 31th of August, 2023. This is an increase from 34,037 pending in the court in the 2021/2022 Legal Year. “Consequent on the shortfall of 18 Hon. Justices, special panels were convened to alleviate the strain on heavily burdened divisions.

“A total of 484 appeals/motions were taken in 10 divisions of the court. The special panels disposed of 232 appeals, while 128 appeals were reserved for judgment.

Special panels are a serious constraint on the resources of the court,” she said