Supreme Court Decisions On Friday Exposed Miscarriage of Justice By Appeal Court – Ozekhome, SAN

Erudite constitutional Lawyer, Professor Mike Ozekhome, SAN, has said that the judgment delivered by the Supreme Court on governorship elections in eight states have clearly exposed the miscarriage of justice by the Court of Appeal particularly in Plateau State.

Ozekhome therefore called on the National Judicial Council (NJC) to take a critical look into the Justices of the Court of Appeal that decided the Plateau electoral cases.

He also said that taking into consideration the crass and deliberate miscarriage of justice in Plateau election cases by the Court of Appeal, he is now of the opinion that all electoral matters should end at the Supreme Court.

This was as he described the judgment of the Supreme Court on Friday, January 12, 2024 on governorship election cases in eight State as judicial ‘Koboko” on the Court of Appeal.

Ozekhome, who stated these when he appeared on Arise Television programme on Saturday, noted that the Supreme Court spared no words in castigating some of the rulings of the Court of Appeal on governorship election disputes, stressing that the apex court used Koboko (horse whip) to “flog” the Court of Appeal while giving verdicts on the matters by overturning the decisions of the Court of Appeal in Kano, Plateau and Zamfara.

Ozekhome said even though he held the view that many cases such as those of State Houses and National Assemblies should not get to the Supreme Court, the miscarriage of justice by the Court of Appeal in sacking Plateau lawmakers should and could be examined by the Supreme Court.

The Court of Appeal sitting in Abuja in November 2023, sacked elected members of the Peoples Democratic Party (PDP) in the Plateau State Assembly as it ruled the PDP structure in Plateau collapsed since 2020 thus, the party cannot sponsor any candidate to contest an election.

In the words of Ozekhome; “The judgement of the Court of Appeal was a miscarriage of justice. I was one of those who felt like the Supreme Court should not be bothered with the House of Assembly, House of Representatives, and Senate cases which should end at the appeal level.

“But, from what we have seen particularly in the Plateau scenario, there was a great miscarriage of justice. The Supreme Court spared no words. They used legal and judicial koboko (cane) to flog the Court of Appeal for what they termed miscarriage of justice and perverse judgments.

“In many of the cases, particularly the Plateau state, two Senators’ positions were reversed, three House of Representatives were reversed, and 11 House of Assembly were reversed. If all these cases had gone to the Supreme Court, all of them would have their seats retained.

“On what grounds were they reversed? The Court of Appeal surprisingly was saying the PDP had no structure in Plateau state. When did PDP structure, membership of a political party, nomination, congresses, and primaries become part and parcel of matters that the Court can have jurisdiction?

“Today, the Supreme Court said not even the election Tribunal has jurisdiction, let alone the Court of Appeal. And they voided the decision of the governorship. They would also have voided the decision on the two senatorial candidates, three House of Representatives and the 11 House of Assembly.

“Injustice has been done to them. What is the remedy now? That is why I am going to review my stance with all respect and humility as a constitutional lawyer, to say that, yes, these cases should go to the Supreme Court as a final court of the land,” he said.