Pan- Yoruba socio-political group, Afenifere, has said the Nigeria’s Supreme Court is not playing its expected role in deepening and entrenching the ideals of democracy.
The group said this in reaction to the apex Court judgement on the Machina/Lawan Senatorial issue, declaring that the three Apex Court Justices that over-turned the earlier judgements of the Federal High Court and Appeal Court do not appear to be helping the nation’s democracy to grow.
The Supreme Court had on Monday in its judgment ruled in favour of the Senate President, Ahmed Lawan, in the case between him and Bashir Machina regarding Yobe North Senatorial District.
The Federal High Court in Damaturu and the Appeal Court in Abuja had earlier ruled in favour of Machina.
National Publicity Secretary of Afenifere, Comrade Jare Ajayi, gave this position when contacted by our correspondent, noting that its position on the verdict was based on the disclosure that Lawan did not participate in the All Progressives Congress (APC) primary that took place in Yobe State and produced Machina.
Afenifere, while noting that the understanding the group had based on the Electoral Law, among others “is that candidate must emerge from primaries conducted by political parties,” queried “How logical, sensible and fair is it that a person who did not participate directly and actively in a competition would be rewarded with the prize at the expense of those who took active parts in the said competition?”
“The lower courts that adjudicated on this matter, in our view, did the right thing. The three Supreme Court Justices that over- turned the judgements do not appear to be helping our democracy to grow.
“How logical, sensible and fair is it that a person who did not participate directly and actively in a competition would be rewarded with the prize at the expense of those who took active parts in the said competition?” Ajayi queried.
“It is verdicts such as this that usually make people haul verbal and literary attacks on the Judiciary,” he added.
Ajayi said Afenifere’s understanding based on the Electoral Law, among others “is that candidate must emerge from primaries conducted by political parties,” pointing out that it was a fact known to the public that Senator Lawan was pursuing the APC presidential ticket as at the time the party’s senatorial, among other primaries were taking place in the state.
According to Ajayi, the Senate president only came back to be fighting Machina for the ticket “because he lost in his presidential bid.”
Afenifere spokesperson said even his party, the APC, was in this position, pointing out that this accounted for why it forwarded Machina’s name to the Independent National Electoral Commission. (INEC).
“The understanding we have, which is based on the Electoral Law etc, is that candidates must emerge from primaries conducted by political parties. As at the time the party’s senatorial etc primary elections were taking place, the Senate President, Lawan, was pursuing the party’s Presidential ticket.
“He came back to be fighting Machina for the Senatorial ticket because he lost in his presidential bid. This was well known to the public. Even his political party, the APC, was of this position which was why it forwarded Machina’s name to INEC – rather than the name of a person who did not participate in the primary, as reported,” he said.
While expressing the view that judgements of this nature may cost the party the senatorial election, Ajayi suggested that the National Judicial Council (NJC) may need to take a critical look at the said case “because of the negative implications it may have on our democratic practice.”
“Political office holders should be determined by the electorates and not necessarily the judiciary,” he concluded
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