THE CLAMOUR FOR SPEEDY DETERMINATION OF ELECTION PROCEEDINGS IN NIGERIA AND THE IMPERATIVES OF SUBSTANTIAL JUSTICE: A CRITIQUE

Abstract

Law and justice are kindred concepts. Law, however, is a much narrower concept than justice which is an ideal to which law aspires in order to remain relevant to any society to which it belongs. Therefore, law must endeavour to be assimilated to justice since law without justice is a mockery, or at best, a contradiction. It has been stated severally on most clear terms that the amendments to section 285 of the 1999 Constitution particularly, section 285 (6) and (7) of the said law are unassailable. However, that law, such as the one under discussion, should provide a pedestal for the annihilation of justice is an antithesis. The application of section 285 (6) and (7) of the 1999 Constitution of Nigeria (as amended) to election proceedings at some of the election tribunals in Nigeria had led to the destruction of about 80% of the petitions that arose from the 2011 general elections without hearing them on their merits.1 At the end, justice was seemingly done according to law in respect of those petitions, yet the outcome of those election proceedings left sour tastes in the mouths of the Nigerian people and have accentuated the lack of confidence in the entire electoral process which situation on its own remains a veritable threat to our democratic arrangements as a nation.