…calls for step to stem miscarriage of justice
Former Attorney General of the Federation and Minister of Justice, Chief Michael Kaase Aondoakaa SAN has called on those thanking President Bola Ahmed Tinubu for not interfering in the Supreme Court judgement in Kano and others to desist from eroding the confidence of electorates in the judiciary since it was purely a judicial matter and Tinubu could never have interfered as a true democrat.
Aondoakaa who made the call during an interview on the programme, New Day on Arise TV, monitored by our correspondent also advised the NJC to urgently take steps to bring Justices to adhere to precedences set the Supreme Court to stem the tide of justice miscarriage.
According him, “politicians simply do not like giving credit to whom it’s due. Dragging Mr. President into a purely judicial matter is unfortunate. The President is not supposed to interfere in judicial matters especially as it relates to elections. As a true democrat who fought for democracy even during the military era, Tinubu could never have thought of interfering.
“Those thanking the President for not interfering are eroding people’s confidence in the judiciary. They are doing the President disservice by implying that he chooses those to support. Nigerians should rather thank the justices of Supreme Court for acting promptly and preventing Nigeria from sliding into a one party State. The justices of the Supreme Court are men of integrity who cannot be compromised”.
In the case of Plateau State where some People Democratic Party (PDP) lawmakers lost their seats to the All Progressives Congress (APC), the former AGF opined that “any judgement given with lack of jurisdiction is in nullity. The Court that gave that judgment has inherent jurisdiction to set aside the judgment. Since the Supreme Court has ruled that the Election Tribunal lacked jurisdiction to determine the validity of the Primary elections conducted by the PDP, the lawmakers should approach the Appeal Court, Plateau Division with the Judgement of the Supreme Court and have the judgment set aside.
“Since the tribunal had no jurisdiction, the Appeal Court also had no jurisdiction to entertain the matter. The lawmakers can therefore file an application at the Appeal Court except for the time bound nature of electoral matters.
On the seeming illegalities in judgments and disregard for judicial precedents by most Appeal Court justices, the legal luminary advocated for “judicial education through seminars and workshops as well as judicial discipline as tools for harmonising judgements of the different divisions of the Appeal court and strict adherence to judicial precedents. He insisted that except there’s any basis for deliberate malice, involving the National Judicial Commission (NJC) does not arise.