The National Council of the Judiciary (NJC) has issued new policy guidance on handling political and election-related cases as such lawsuits begin to flood Nigerian courts ahead of the 2023 general election.
The new policy, issued at the NJC meeting on Wednesday, gives politicians strict rules on where they should file their election- and political-related cases.
Announced by NJC chief information officer Soji Oye in a statement after Wednesday’s meeting, the new policy also contains rules on how court chiefs and judges must handle lawsuits that have been handed down by a court of law. coordinated jurisdiction.
The statement said the NJC issued the new policy at the meeting chaired by Chief Justice of Nigeria Tanko Muhammad, who also chairs the council, to avoid another wave of contradictory decisions from courts of coordinated jurisdiction.
In December of last year, the NJC had to sanction three Superior Court judges after issuing contradictory judicial decisions in political cases with the same issue.
The council also warned a number of court chiefs to put an end to this disgraceful conduct by their judges in their various jurisdictions.
Cases to which the policy applies
The new policy, which according to the NJC is effective immediately, applies to lawsuits in which the parties include the Independent National Electoral Commission (INEC), any political party or its officials, or any other person, natural or legal.
In addition, the policy is applicable when such parties are “demanding or demanding a statement in connection with any action taken or to compel or restrain any action or omission with respect to the affairs of a political party or any election for public office. ”
Reflexes
One of its highlights is a directive that such lawsuits the outcome of which is likely to have “an effect or bind persons or actions beyond the territorial jurisdiction of any state” must be brought in the Federal Territory High Court (FCT), Abuja. .
Where such suits fall within the exclusive jurisdiction of the Federal High Court, the policy says that they “shall be filed or received in Abuja and assigned by the Presiding Judge of the Court”.
These policy provisions reveal a conscious effort on the part of the NJC to ensure that the majority of lawsuits are filed in Abuja, either the Federal Capital Territory (FCT) High Court or the Federal High Court, for better coordination. .
But it also establishes, “All those lawsuits in which the cause of action arose in a State and the reparation seeks a declaration or to compel or restrict a person (s), natural or legal, within the territory of that State, without consequences outside the State, will be presented, received or heard only in that State.”
It also orders the heads of the courts to “assign cases or constitute panels with a view to preventing the incidence of contradictory sentences and rulings.”
It prohibits the courts or panels of coordinated jurisdiction from hearing or being assigned judgments on the same matter once the facts or issues have been resolved.
In such a situation, the policy says that parties who are not satisfied with the first roll-up “shall comply or proceed to appeal to the appropriate higher court.”
Appointment
Mr. Oye also said that the NJC has recommended 49 successful candidates for appointment as chief justices and other judicial officers.
He added that the council has also received six recall notices and one death notice from the federal and state Superior Courts.
Read the full NJC statement below:
PRESS RELEASE: MAY 11, 2022: NJC TO ISSUE POLICY INSTRUCTIONS ON POLICY AND ELECTION RELATED CASES TO CHIEF COURTS NATIONWIDE. FOR IMMEDIATE EFFECTIVENESS, ALSO RECOMMENDS THE APPOINTMENT OF FORTY-NINE (49) JUDICIAL OFFICERS.
Concerned about the multiplicity of litigation of political trials in different Courts of coordinated jurisdiction throughout the country, which result in contradictory orders on the same matters and facts, the National Council of the Judiciary in its 98th Meeting on May 10 and 11, 2022 under the Presidency of the Chief Justice of Nigeria, the Hon. Dr. Justice IT Muhammad, CFR, issued Policy Instructions to remedy the situation. The Instructions for all Federal and State Courts read as follows: “Pursuant to the powers vested in the National Judicial Council by the Constitution of the Federal Republic of Nigeria, Schedule III, Part I, 21 (i).
These Policy Instructions shall apply to all Claims brought in any Court in Nigeria in which the Parties include the Independent National Electoral Commission (INEC), any political party or its officials, any other person, natural or legal, suing or being sued for a statement in connection with any action taken or to compel or restrain any action or omission with respect to the affairs of a political party or any election for public office.
1. OBJECTIVES AND GUIDING PRINCIPLES These Instructions seek:
a. Prevent the multiplicity of lawsuits in different Courts of coordinated jurisdiction throughout the country, resulting in contradictory resolutions on the same issues and facts;
b. Recognize that the courts must adopt prudential limitations on their powers with a view to reducing incidences of unscrupulous forum-seeking that disrupt the administration of justice and the democratic process; Y
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C. Recognize that the circumstances require further administrative measures and procedures to complement and support the judicial process.
2. INSTRUCTIONS: Without prejudice to the powers of the Electoral Petitions Tribunals constituted in accordance with the provisions of the Constitution of the Federal Republic of Nigeria.
Pending the Constitution of a Cross Jurisdiction Litigation Panel (CJLP) to give instructions on the appropriate litigation for cross jurisdiction litigation:
a. All claims to which these Policy Instructions apply shall be brought, received, or considered only in the Superior Court of the Federal Capital Territory to the extent that the relief sought, or the order(s) or statement(s) is) potential consequent(s) may restrict or compel. persons or actions outside the territorial jurisdiction of any State;
b. Where such claims fall within the exclusive jurisdiction of the Federal High Court, they shall be filed or received in Abuja and assigned by the Presiding Judge of the Court;
C. All those lawsuits in which the cause of action arose in a State and the reparation seeks a declaration or to compel or restrict one or more persons, natural or legal, within the territory of that State, without consequences outside the State, shall be presented, received, or heard only in that State;
d. All the Court Chiefs will assign cases or constitute panels with a view to preventing the incidence of contradictory sentences and rulings;
me. Once the facts or issues are resolved, no other Court or Coordinated Jurisdiction Panel may be assigned or hear Claims on the same matter and the parties must comply or proceed with an appeal before the corresponding Superior Court;
F. Court rules will require sufficient notice and publicity of actions that potentially impact other cases;
gram. The Court’s rules will stipulate solemn disclosure duties on litigants who bring actions that may affect other actions.
The Presidents of the Courts will exercise their rule-making and administrative powers to give effect to these Policy Instructions.
These instructions will take effect from May 11, 2022.”
APPOINTMENT OF JUDICIAL OFFICERS
The Council also considered the list of candidates submitted by its Interview Committee and recommended forty-nine (49) successful candidates for appointment as Chief Justices and other Judicial Officers in Nigeria. The Council also received Six (6) retirement notices and One (1) death notice from the Federal and State Superior Courts.
Soji Hey Esq.
Director, Information