2023: Appeal Court Says No Fund Yet For Election Tribunals

President of the Court of Appeal, Justice Monica Dongban-Mensem, warned yesterday that the non-release of funds to constitute the election petitions tribunals may hamper the 2023 electoral litigation process.

Specifically, she said delay in the release of funds may “impede plans to constitute the various tribunals and courts” that would handle litigations that may likely arise from the conduct of the 2023 polls.

The appellate court president spoke when she led other justices of the court to kick-start the 2022 legal year.

The ceremony began with an interdenominational Church service at the Chapel of the court before a colourful special court session was conducted at the ceremonial courtroom of the court.

At the ceremony, Justice Dongban-mensem =revealed that the court has put all necessary machinery in place, including the review of the Judicial Electoral Manual, to ensure the smooth trial of election cases.

She however lamented that the court was yet to receive the necessary funding in that regard.

Noting that election tribunals are an integral part of the electoral process in Nigeria, whose “function is pivotal to the just and timely resolution of election matters” that “must be done cautiously, conscientiously and diligently”, the appeal court president added that “the funds to prosecute the 2023 General Election Petition Tribunals have still not been released.”

Also, the attorney-general of the federation and minister of justice, Abubakar Malami (SAN), stated that improvement of the remuneration and conditions of service of judicial officers remains uppermost on the agenda of President Muhammadu Buhari.

According to him, one of the cardinal issues raised by the president of the Court of Appeal in her address last year was the issue of the welfare of judicial officers.

“The government of the day is not oblivious of this persistent challenge. Amidst our revenue challenges as a nation, coupled with various demand for wage increase, one certain assurance I can make to this noble gathering is that the improvement of the remuneration and conditions of service of our judicial officers is uppermost on the agenda of President Muhammadu Buhari, ” Malami said.

The minister noted that the ongoing process of improving the welfare package of the  judicial officers will be completed in accordance with extant constitutional and statutory provisions.

He said the available appropriation figures also bear testament to the fact of a progressively upward review of annual budgetary appropriation to the judiciary under President Buhari.

He said while the budget of the Judiciary declined from N95billion in 2010 to N68billion in 2014, there was an upward swing in 2015 from N73billion to N120billion in 2022 (being the highest in the history of the judiciary).

He said the government also makes special budgetary provision to cater for special assignments associated with national elections.

“The federal government under the leadership of President Buhari will not rest on its oars in its quest for increased funding for the judiciary,” the AGF said.

Malami commended the foresight of His Lordship, the President of the Court of Appeal in taking proactive steps towards an effective discharge of the onerous constitutional mandate over the outcome of elections.

He said these notable steps include engagement with relevant stakeholders, especially with the advent of the 2022 Electoral Act.

“I am also gladdened that His Lordship has inaugurated a 13-man Electoral Judicial Manual Committee (EJMC) that will see to the issuance of the maiden edition of the Electoral Judicial Manual, which will provide an operational framework and reference guide for the determination of election petitions,” he stated.

The manual, Malami noted, is expected to guide both the bar and the bench, with an added benefit of mitigating the problems associated with conflicting decisions.