Whilst the Supreme Court's ruling that INEC has no power to bar candidates, as published in the link below opens the door to a flood of legal challenges; it no doubt promises an interesting adventure into the Nigerian Legal System and Judiciary. http://naijanet.com/news/source/2007/apr/16/1000.html
For the most part, it portrays an Independent apex court, and promises confidence in the Judiciary and rule of law in Nigeria. The ruling also presents some legal issues and complications which we have tried to enumerate below;
- The Just concluded the Elections, to wit, does it nullify the entire process?
- Does the ruling have any impact in the forthcoming Presidential elections per fair playing field to all fielded candidates as well as all other erstwhile excluded candidates.
- Does the ruling affect the competency and jurisdiction of the INEC or come at crossroads with the Electoral law?
- Finally, does this ruling affect the EFCC activities considering that the bulk of the disqualifications arose therefrom?
These issues are inexhaustive and our learned friends may perhaps contribute their views and opinions. An attempt at this would no doubt contribute to the Nigerian Legal Jurisprudence.
Opinions are welcome.
2 comments:
Well, I just heard that the Supreme Court has ruled that Atiku can
contest the election. I haven't read the contents but a quick thought:
What would be the implication on those who were debarrred due to Inec's
big stick?Now that the court has ruled that INEC can't disqualify
anymore, will the elections be held all over again?
What Atiku has done is land mark as he has fought a serving President to a standstill. Even if does not win, or is contemplating withdrawing from the race due to lack of confidence in INEC's ability to carry out a free and fair election [as we all are], he would have still made a mark in our country's history, and made a point to Obasanjo and the world that if u try, u can actually get things done.
We have always felt that going to the courts does not pay in these parts and these unfolding decisions has made rubbish of that argument.
Afterall, how does one fight a serving President in a country like Nigeria where sycophancy is rife, and live to tell the stories after winning?
Perhaps, this is Fates way of helping our country's rule of law, tainted as he MAY be, [as we dont even know if he really is or just a mere plot to discredit him]
We shall watch as events unfold, but I shall be voting the guy come saturday.
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