Former President Dr. Goodluck Jonathan has raised concerns over the fairness of the judiciary in handling election disputes, stating that most politicians would refrain from approaching the courts if the judiciary were impartial.
Jonathan made these remarks while inaugurating the Delta State High Court Complex in Asaba, the state capital, on Tuesday.
Additionally, he flagged off the presentation of 20 SUVs to judges in the state.
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During the inauguration ceremony, Jonathan commended Governor Sheriff Oborevwori for his dedication to infrastructural development in Delta State. However, he also expressed his views on the judiciary’s role in election disputes.
“My thinking is that 50 percent of those who go to court do so because they felt they were cheated by the electoral management system. That they were rigged out,” Jonathan stated.
He noted that if elections were conducted properly and transparently, those who lost would accept their defeat without seeking judicial intervention.
“When you feel naturally aggrieved, you have to go to court. So, assuming the elections are properly conducted, they knew they failed in the election, but they feel they can use the judiciary to be declared winners,” he said.
Jonathan argued that if the judiciary did not declare the actual losers of elections as winners, over half of the election-related court cases would not arise.
He pointed to South Africa as an example, saying, “In South Africa, the electoral management body will never compromise. They all know it. If you lose the election, you just wait for the next election. You don’t need to go to court. Because if you go to court, the judiciary too will not compromise. So, you will not get anything.”
Erosion of Trust in the Judiciary
Jonathan’s remarks bring to light a series of controversial rulings by Nigerian courts that have eroded public trust in the judiciary.
Some notable cases include:
The 2019 Presidential Election Petition: The Supreme Court’s dismissal of Atiku Abubakar’s challenge against President Muhammadu Buhari’s victory raised questions about the impartiality of the judiciary. Critics argued that the court failed to adequately address allegations of electoral fraud and irregularities.
Imo State Governorship Ruling (2020): The Supreme Court’s decision to declare Hope Uzodinma as the governor of Imo State, despite finishing fourth in the election, was highly controversial. The judgment was based on results from 388 polling units that were previously invalidated by INEC. This ruling led to widespread protests and allegations of judicial manipulation.
Also, the 2023 presidential election dispute cast further stench on the judiciary, with many believing that the courts were bought, resulting in the judgment it delivered despite evidence of fraud and election malpractice against President Bola Tinubu.
These cases have contributed to a growing perception that the judiciary is susceptible to political influence, undermining its role as an impartial arbiter of justice.
Jonathan’s recent criticism of the Nigerian judiciary has added weight to the increasing calls for comprehensive judicial reforms. His comments have echoed the sentiments of many legal experts and civil society organizations who have been urging the government to take concrete steps to restore public confidence in the judicial system.
The public response to these calls for reform has been largely positive, with many Nigerians expressing a desire for a more transparent, independent, and efficient judiciary. The government has acknowledged the need for judicial reforms, but concrete actions and timelines for implementing these changes remain unclear.
However, Jonathan praised the new judiciary headquarters, calling it one of the best in the country.
Governor Oborevwori, in his address, emphasized the significance of the new High Court Complex for the judiciary in Delta State.
“Of the three arms of government, only the judiciary was lacking a befitting office building. This motivated me to hasten the completion of this project. I am glad that today the narrative has changed for good,” Oborevwori said.
He stressed that the new facility would enhance the administration of justice and ensure that judges and judicial staff operate in a conducive and enabling environment.
Oborevwori also expressed his gratitude to Jonathan for inaugurating the project, describing him as a great Nigerian patriot, statesman, and unique leader, both in and out of office.