Open Letter To 2023 Presidential Election Tribunal Members

BY CHRIS GANKON  

The 2023 General Elections have been concluded. Petitions against the conduct of the election particularly, the Presidential election were filed by those aggrieved. My Lord’s, God in his infinite mercy and sovereignty as well as the nation, gave you the opportunity and the privilege to preside, as well determine the petitions before you. The nation watches and waits with bated breath for the outcome of your decision. We in the Diaspora in the United States and other countries of the world expect nothing less than justice and fairness from your hallowed chambers. You are indeed the hope of millions of Nigerians.

My Lords, I want the Tribunal and the Judiciary to know that they are the last hope for the rule of law, fairness, and justice for the Nigerian electorates. Hence, Nigerians and the world are patiently waiting and expecting the Tribunal and the Judiciary to prove that the Nigerian Judiciary is truly independent and is the pillar of hope in Nigeria. Therefore, the tribunal should do the following:

Demonstrate an Understanding of Political Jurisprudence in Dealing with Nigeria’s 2023 Presidential Election Crises and Petitions. 

Nigerians want the Tribunal presiding over the Presidential Election Petitions to demonstrate impartiality in resolving the factual and legal issues before you . The resolution of the petition requires a comprehensive demonstration of understanding of the legal framework, constitutional provisions, and the application of legal principles to ensure fairness, justice, and the preservation of democratic values for the Nigerian people. As you very well know My Lords, the resolution of the presidential election petition is primarily guided by the Constitution, the Electoral Act, and various judicial decisions. The legal process for handling presidential election petitions in Nigeria beginning with filing the petitions by the aggrieved began within the specified time frame after announcing the election results and is virtually at the end. My Lords, it behoves on you the primary responsibility to adjudicate the Presidential Election Petitions

In dealing with these petitions, you have been tasked with examining the issues raised by the parties and the evidence presented. The Tribunal should determine whether substantial non-compliance with the electoral laws, malpractices, or other irregularities would have affected the election outcome. It is now the duty of the tribunal as a matter of political jurisprudence to interpret and apply the relevant laws and constitutional provisions in a manner that upholds the principles of justice, fairness, and the rule of law in passing a judgment that will strengthen the faith of the people of Nigeria in the Judiciary.

So far, My Lords, the Tribunal has ensured that the proceedings were conducted impartially, all parties were allowed to present their case and witnesses were cross-examined.  However, what is left to be seen is whether the decisions and the tribunal’s judgment would be based on the evidence presented and the applicable legal principles confirming that Nigeria has entered the golden era of free and fair justice that is people-centered and driven. The Judiciary must balance legal considerations and the need to maintain political stability and public confidence in the electoral process. The courts must ensure that their decisions are seen as impartial and fair and contribute to strengthening democratic institutions in Nigeria.

The Tribunal Should Avoid Judicial Bias in their Judgment in The Presidential Petition Trial of 2023 for the Sake of Nigeria and its people.

The avoidance of judicial bias by the Tribunal is crucial in finalizing the Nigerian presidential petition trial of 2023 to uphold the integrity of the judicial process and ensure the well-being of the Nigerian people. A judge’s personal beliefs, preferences, or prejudices must not be allowed to influence his decision-making, leading to unfairness and a lack of impartiality. In the context of a presidential petition trial, avoiding judicial bias is of utmost importance due to the trial’s significance and potential impact on the political stability and confidence of the people.

My Lords, as you very well know, there are several reasons why the Tribunal should avoid judicial bias for the good of the people of Nigeria, including the below mentioned:

1. The Necessity to Uphold the Rule of Law: My Lords, you should not allow yourselves under any guise to be railroaded to be biased in a way that can undermine the fundamental principle of the rule of law. By avoiding bias, the tribunal ensures that decisions are based on the law and evidence presented, rather than personal or political inclinations. The Tribunal’s decision will maintain the judiciary’s credibility and strengthen the rule of law in Nigeria.
2. Preserving Judicial Independence: Nigeria’s trust and confidence in the political and ruling class is presently completely eroded, yet the judiciary is the only hope left. Nigerians know that judicial independence is a cornerstone of a fair and impartial judiciary, and the Tribunal will determine by their judgement if the Nigerian people can trust the judiciary. Therefore, the tribunal by avoiding any bias or corruption in the Presidential petition will demonstrate their commitment to independence and impartiality in their decision-making process. Giving the proper judgement by the Tribunal will preserve Nigeria’s trust in the judiciary and prevent undue influence from external forces, including political interests.
3. Ensuring Fairness and Equal Treatment: Nigerians expect the tribunal to avoid bias, which can lead to unfair treatment of parties involved in the trial. All parties, including the petitioners and the respondent, should receive equal opportunity and treatment in Nigeria’s current political stalemate. By avoiding bias, the Tribunal guarantees fairness and equal treatment under the law, contributing to a just and transparent trial that Nigerians and the world would applaud.
4. Promoting National Unity: The Tribunal should remember that Nigeria is a diverse country with various ethnic, religious, and political affiliations. Therefore, the Tribunal should not allow any judicial bias or unjust pressure by any of the parties including the respondents to exacerbate the existing divisions and fuel political and social unrest. By avoiding bias in their judgment, the Tribunal will promote national unity by ensuring their decisions are based on legal principles rather than personal or political considerations. The Tribunal should avoid judicial bias by acting with integrity, adhering to ethical standards, and establishing its decisions solely on the law and evidence presented when hearing the petitions. Nigerians and the world expect the Tribunal to recuse themselves from any behavior that reflects a conflict of interest.

My Lords, we are praying for you!

 Finally, I want you to know that this year 2023 is crucial in the history of Nigeria, and God is judging everything, every action, and every institution in Nigeria. For some, the judgment would be evidence to all that God’s anger kindled against them. To the Tribunal, anyone among you that will corrupt their sense of judgement in this Presidential Petition will come under the wrath of God.

I advise you to do justice to the people of Nigeria so that you may escape the judgement of God upon your lives and that your generation may obtain mercy. Nigeria shall be saved.

I wish you God’s guidance.

Gankon is the President/Founder of the US-based International Peace and Development Initiative.  He is currently a Ph.D Researcher on Public /Political Consultancy, and lives in California.