Olisa Agbakoba, a legal eminence, stated that if the judicial systems are extremely proactive, presidential election cases could be resolved in April.
Agbakoba noted that the tension surrounding the demand for an interim government was caused by expectations that the tribunal might not deliver judgement before May 29. He also noted that in arbitration cases, orders/directions are issued peremptorily to settle complicated jurisdictional and procedural issues.
The Labour Party, LP and its candidate Peter Obi, who maintains he won the February 25 election, voiced several concerns, which were also enumerated by the Senior Advocate of Nigeria (SAN), who on Monday urged the presidential election tribunal to adopt the processes very acquainted with swift resolution of arbitration cases.
He stated: “The interpretation of Section 134 of the 1999 Constitution as to whether 25 percent of votes in the FCT is compulsory; Is a candidate permitted to stand for election when he is also a senatorial candidate?; Issues regarding qualification of APC candidates”.
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Agbakoba stated that if the petitions were arbitration proceedings, an arbitrator may issue a procedural order to address all complex disputes and deliver a partial final award. Agbakoba charged the tribunal and the Supreme Court to issue the order, address the jurisdictional issues raised, and release final summary judgement.
The cases can be settled between the tribunal and Supreme Court in 7 (seven) days from today, he added. This will bring down the heat in Nigeria regarding the problem of a temporary administration, etc.
According to Agbakoba, the necessary pace would mark a drastic change from the current practice, in which case management has little influence over court decisions. Speed of justice is the motto that our judiciary must boldly declare, he insisted. This is critically required in the presidential appeals process.
