By NewsBits
Former Independent National Electoral Commission Resident Electoral Commissioner (REC) in Akwa Ibom State, Mike Igini, has expressed deep concern that some Nigerian judges have compromised the integrity of the judiciary.
He also stressed that he won’t be part of any plot or design to deceive Nigerians. Some Nigerians including those in the Diaspora had recently accused Igini of deceiving the public through his weekly voters’ and civic education enlightenment programme before the February 25 presidential and National Assembly elections where he had assured that with the BVAS and the IREV, the elections would be transparent, credible, free, and fair.
Besides, some Nigerians also accused the judiciary especially the judges of not rising to the occasion when it matters most and have allowed themselves to be compromised by politicians.
Reacting yesterday to the issue that the judiciary in the country appeared to have lost its reputation, where monetary inducement has become the deciding factor in delivering judgements, Igini said though there were some bad eggs that had given the judiciary bad name, there were still good ones that could be relied upon.
According to the former REC, who is a lawyer: “Well, the situation in my constituency (judiciary) is worrisome and disturbing particularly when both serving and retired judicial officers and even members of the public express lack of confidence in the judicial system.
“That is the most dangerous level of discredit that, members of the bar and particularly the bench must not allow the system to degenerate to, otherwise we are in big trouble.
“As a lawyer, l feel diminished and ashamed that politicians, majority of whom are not lawyers, semi-educated money-bag politicians could be allowed to bring our noble profession to this level of opprobrium, resentment, and distrust from members of the public who no longer respect us because of the unethical conduct of some members of the bar particularly the bench.
“I repeat some members because we have shining members of both the bar and the bench who are exemplary and worthy of emulation. But the very bad ones have ruined our collective reputation. These politicians brag and boast about what they do with members of my constituency to get whatever they want and that is why they are quick at telling opponents to go to court after compromising collation and returning officers.
“Is it not surprising that politicians who go all out to undermine electoral laws and rig elections are the ones that will tell people to go to court? As noted very correctly by the learned Silk Olisa Agbakoba, recent decision of the Supreme Court like others in favour of individuals that didn’t participate in party primaries has further affected public confidence and this is very unfortunate because of the timing of the decision so close to the 2023 election.”
Commenting on what Nigerians especially people who are not satisfied with the outcome of the just concluded election should expect from the court, Igini said: “Judiciary must stand tall and mighty in defence of democracy and the rule of law. We have to go about solving this problem the way the United Kingdom (UK) itself that introduced Nigeria into election rigging ended electoral rigging and fraud such that for a period of almost 100 years precisely 99 years, there was no post-election petition adjudication in England till 2010 with respect to Liberal D
“Historically, the UK was one of the notorious countries noted for vote-buying and election rigging and because of the concern that such practice of use of money could be used by politicians also to capture the judiciary in England by buying judges if the courts were to adjudicate on electoral disputes, allegations of electoral malpractices by way of election petitions were initially determined by parliament and not the courts to insulate the judiciary from potential corruption.
“However, parliament with majority party members expectedly could not deliver electoral justice to opposition petitioners for years. Consequently, it was decided that the courts in England should assume jurisdiction over post-election petition, that was how the court became involved. But mindful of the fact that the ills of corruption that prevented justice from being served to petitioners in parliament could be transferred to the courts, parliament had to pass the 1872 secret ballot Act, Electoral corruption, and illegal practice Act of 1872 as well as the 1883 ballot Act with range of consequences such as expulsion from parliament, a ban for seven years from politics or for life from politics.
“These were the laws that judges and the courts used strictly in England to do substantive justice to election petitions to discourage potential election rigger politicians in the UK and never hid under technicality that encourages election riggers in Nigeria who are quick to tell people to go to court. Because the courts in England were never a safe haven for election riggers, given that they, politicians linked to election rigging could be banned for life from participation in politics, and with various legislation to strengthen the electoral process free of manipulation and corruption in the UK then as we tried to achieve with the 2022 Act and the BVAS/IREV technology, politicians had to abide by the process because of fear of severe consequences from the courts.
“That is why for a period of almost 100 years, there was no post-election petition adjudication in England. The fear of judges by politicians and their judgments on matters of electoral fraud, manipulation, and deviation from established electoral laws in England brought sanity to the electoral process in England and ended election rigging.
“Politicians in England and America are afraid of the courts and judges but here in Nigeria, politicians brag about judges as their friends and will get whatever they want from the judiciary. Why can’t we emulate what judges and judiciary did to give meaning and purpose to the ballot as the best means of the expression of the will of the people in a democracy. The judiciary is now the last hope of putting an end to the culture of impunity and election rigging in Nigeria.”
On the criticisms against him that he deceived the public before the elections that the process was going to be credible, the former Edo state REC said: “I can understand the feelings of extreme disappointment, pains and frustrations of fellow country men and women particularly youths, over what was promised and the painful experience they went through during the elections and their unmet expectations.
“We are in this agonising moments of pains together. l have been down emotionally and still in shock over the level of deviation from established laws, issued guidelines and procedures that we all signed into, and that l leveraged on, honestly and faithfully to call on Nigerians to participate fully to determine their leaders.
“I will never be part of any plot or design to deceive Nigerians, may such a day never come in my lifetime. My advocacy and passion for free, fair, and credible elections in Nigeria did not begin in 2023. Those who have diligently followed my advocacy for election integrity will remember my zealous exertions and subsequent detention in Enugu before and after the annulment of the June 12 Elections in 1993, many also will recall my participation in CODER for electoral reforms after the fiasco that was described as the 2007 general election.
“Those who are keen about elections will also recall how I took the same passion to my supervisory roles in the regulation of the electoral process as a Resident Electoral Commissioner in Cross River, intervention missions in Anambra, lmo state guber elections in both 2011 and 2015, Edo, and later Akwa-Ibom states. Frankly, l don’t think l did anything wrong by the weekly voters’ and civic education that l gave to Nigerians without being paid a dime at a time that l had offers for consultancy that l politely declined because l wanted to be objective in seeing to the implementation of the process that l was part of putting in place before my tenure ended last year.”
