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The petitions contesting Bola Tinubu’s presidential election victory can be expedited and concluded within seven days before he takes the oath of office on May 29, says jurist and former Nigerian Bar Association president Olisa Agbakoba.
This is, however, on the condition that the presidential election tribunal and the Supreme Courts are proactive, according to Mr Agbakoba.
In a signed statement issued on Monday, Mr Agbakoba said the expedition of the matters in court would douse the tension from talks of an interim government alleged by SSS, the nation’s secret police, last week.
“We strongly believe that between the tribunal and Supreme Court, the petitions can be resolved within seven days from today. This will cool the temperature in Nigeria on the issue of interim government,” the lawyer noted in the statement. “It’s very possible to conclude these petitions, provided that the court systems are very proactive,” the jurist said while advising the relevant courts to adopt the speedy procedures known with cases of arbitration.”
Mr Agbakoba explained that under “arbitration matters, procedural orders and or directions issue peremptorily to resolve sometimes very complex jurisdictional and procedural issues” and urged the presidential election tribunals to “adapt the procedures very familiar with (the) speedy conclusion of arbitration matters.”
Delving into the legal nitty-gritty of his assertion, Mr Agbakoba stressed that “if the petition were arbitration proceedings, an arbitrator may issue a procedural order directed to counsel to address all complex disputes and the arbitral tribunal will deliver what is called a partial final award.”
“In the case of the presidential election tribunal, including the Supreme Court, they can also direct procedural orders with very short timelines given to counsel to address the complex jurisdictional issues raised in the petitions, and the tribunal/supreme court will then issue final summary judgment as appropriate,” Mr Agbakoba said.
He listed three vital issues in the petitions “resolvable by application of procedural orders and or directions which may peremptorily decide some of the jurisdictional and procedural issues, stated in the petition.”
The issues concerned the contentious 25 per cent votes a presidential candidate must receive in the FCT and a candidate’s eligibility to run for both the presidency and the Senate simultaneously.
“Interpretation of section 134 of the 1999 Constitution of the Federal Republic of Nigeria as to whether securing 25 per cent of votes in Federal Capital Territory Abuja is compulsory to be President,” Mr Agbakoba noted. “Is a candidate permitted to stand for presidential or vice presidential election when he is at the same time a senatorial candidate?” and other “issues relating to qualification of candidates to stand for presidential election.”
Mr Agbakoba said the petitions needed urgent attention, “a radical departure from our present judicial policy where case management plays a very limited role in judicial outcomes,” stressing that case management “is the spirit and driving force of modern adjudication.”
“Speed of justice is the mantra that our Judiciary must proclaim very loudly. This is needed in the presidential petitions proceedings urgently,” he said.
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