By Onome Oghenetega
A pro-democracy group, Nigeria Democracy Defenders (NDD) has condemned the continued delay in constituting Appeal Panel for National Assembly elections in Delta State, saying that the delay could distort the cause of justice in the electioneering process in the country.
The group in a letter addressed to the President of the Nigeria Court of Appeal, Justice Zainab Adamu Bulkachuwa, alleged that there was a political undertone to the continued refusal to constitute the panel to reveal election tribunal judgements in Delta.
The Court of Appeal panel for National Assembly Elections for Delta State sitting in Benin, Edo state, was recently dissolved by the management of the Nigeria Court of Appeal.
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NDD advised Justice Bulkachuwa not to divert from the contents of the oath of office she sworn to protect to save the judiciary from imminent and impending constitutional breach over the continuous refusal to hear the Election Appeals from the decision of the election petition tribunal emanating from Delta state.
In a statement signed by the President of the group, Chief Gabriel Avwotusio and Secretary, Mrs. Endurance Onwuka lamented what he described as ‘deliberate delay’ in hearing of appeals filed before the Court of Appeal, Benin City.
Below is the full text of the statement:
NIGERIA DEMOCRACY DEFENDERS
320, Nnebisi Road, Asaba, Oshimili South Local Government Area, Delta State
28th October, 2019
AN OPEN LETTER
Hon. Justice Zainab Adamu Bulkachuwa,
President Court of Appeal, Maitama, Abuja.
JUSTICE DELAYED IS JUSTICE DENIED:
PLOY TO ENSURE ELECTION APPEALS FROM DELTA STATE LAPSES
Our attention has been drawn to the delay tactics employed to deny justice to appellants and attempts to subvert the cause of justice in respect of National Assembly election appeals from Delta State.
It is pertinent to note that judgments in various petition filed before the National
Assembly and States House of Assembly Tribunal, Asaba Delta State were
delivered between 5th – 7th September, 2019 within the 180 days provided by Section 285 (6) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) which provides that an election tribunal shall deliver its judgment in writing within 180 days from the date of the filing of the petition. Being. dissatisfied with the decisions of the National Assembly and States House of Assembly Tribunal, appeals against these decisions were filed at the Court of Appeal, Benin Judicial Division.
It is also pertinent to point out that the Court of Appeal is mandated to deliver judgment within 60 days from the date the Tribunal delivered judgment. Section 285 (7) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) is very clear and unambiguous. It provides thus:
“An appeal from a decision of an election tribunal or Court of Appeal in an election matter shall be heard and disposed of within
60 days from the date of the delivery of judgment of the tribunal or Court of Appeal.”
We are quick to state that in other states, for instance: Edo, Ondo, Ekiti etc, it is the regular panel of Justices in the various divisions in states enumerated above that hears and determine election appeals whereas in Delta State, you have taken special interest in setting up a panel which was later disbanded when it was obvious that the composition/membership of the panel are persons of impeccable characters who were not willing to do your bidding to subvert justice.
We wish to state that 21st October, 2019 was initially fixed for the hearing of the said appeals but surprisingly, while litigants, their supporters and solicitors were sited,
awaiting for the Court to commence sitting for the day, the Registrar of Court
announced that the Court would not sit owing to the disbandment of the said Special Appeal Panel which had been initially set up to hear appeals from Delta State only. The said Registrar further announced that a new date will be communicated to the respective counsel when a new panel is re-constituted.
Precisely on 23rd October, 2019 a new hearing date was fixed and communicated to
the effect that 28th October, 2019 has been fixed for the hearing of the appeal. Again, while litigants, their supporters and solicitors were sited waiting for the Court to commence sitting, the Registrar of Court announced that the Court would not sit, as clearance was been awaited from above.
Whereas the regular panel of the Court of Appeal, Benin Judicial Division is hearing
the election appeals emanating from Edo State. The one million and one questions
begging for answers include; WHAT IS YOUR INTEREST IN DELTA STATE? WHAT ARE YOU TRYING TO PROTECT? WHY ARE YOU SHOPPING FOR JUSTICES OF THE PANEL WHO WOULD DO YOUR BIDDING? WHAT IS THE TRUTH IN THESE CASES THAT YOU ARE AFRAID OF? WHY ARE THEY AFRAID OF THE REGULAR PANEL OF THE BENIN DIVISION IN EDO STATE?
We wish to state that justice delayed maybe justice denied. The panel of justices that will
hear and determine these appeals are human beings and ought to be allowed to look at the records and the briefs dispassionately before delivering their decision.
By this publication, we are calling the attention of Chief Justice of Nigeria, the
National Judicial Commission (NJC), National Judicial Institute (NJI), the Nigerian Bar Association, National Human Rights Commission, Civil Rights Organizations to
intervene to save the nation’s judiciary from this serious Constitutional breach and
National embarrassment.
We wish to remind you that upon assumption of office, you swore to uphold and
dispense justice without fear or favour. Your current disposition and interest in the appeals from Delta state by allowing your position to be used by persons who are hell bent in trying to subvert the cause of justice in Delta State will go a long way to hunt you beyond your retirement from the nation’s judiciary. Like the saying goes, the evil that men do not only lives after them but lives with them.
The cases before the Court of Appeal are straight forward, let justice be done, no
matter whose ox is gored.
Chief Gabriel Avwotusio,
President
Mrs. Endurance Onwuka
Secretary,
