Dynamics of separation of power

This article is aimed highlighting the dynamics of separation of power. Political watchers have observed the power play and alarming frosty relationship between the executive and judicial arm of the Nigeria government. That Muhammed Buhari is the President of Nigeria today is as a result of the commitment and firm stand of our judicial arm […]

This article is aimed highlighting the dynamics of separation of power. Political watchers have observed the power play and alarming frosty relationship between the executive and judicial arm of the Nigeria government.

That Muhammed Buhari is the President of Nigeria today is as a result of the commitment and firm stand of our judicial arm of government toward in living to its mandate of giving Justice to whom it is due without fear or favour keeping in mind the hurdles he passed through during the hate campaign that has never been experienced in the history of Nigeria politics.

Party structures are the necessary variable through which every elected public office seeker must identify with, to realize his or her dream. The Federal High Court in keeping to its patriotic responsibilities rejected all attempts to see the registration of APC frustrated and this gave the Independent National Electoral Commission the constitutional backing to register the APC without which the President will not have his candidature and dream of becoming President under the APC machinery.

The use of the card reader machine was neither in the Electoral Act nor in the constitution but the Federal High Court rejected all attempts to stop the use of the card reader machine, which in effect turned out to give the Nigerian electorates the opportunity to exercise their voting right and also see the emergence of genuinely elected candidates.

The certificate of the president is still subject of series of litigation before the Federal High Court as eighteen cases were filed to challenge the authenticity of his school leaving certificate. But the cases were ignored in order to allow Nigerians have a feel of the change mantra they desired.

On the 27th of May 2015, a motion was filed to stop the swearing in of the then elected President Buhari but the Judge gave a date for hearing to be after the swearing in.

If the judge has granted the request the catastrophe that will befall the nation will be unprecedented.

The refusal of the Federal High Court to issue an ex parte order to stop Professor Jega from continuing with the announcement of Election results is another patriotism which deserves a national honour displayed by the Judiciary as that it would have amounted to waste of taxpayers’ money. Considering the unprecedented huge human and material resources budgeted for successful conduct and realization of the exercise.

The paralysis within the National Judicial Council in the face of the worry, state of the judiciary compounded by the lack of relationship with the Supreme Court, Court of Appeal and all important Federal High Court make the Expeditious disposal of cases not only unlikely but puts the administration at risk of humiliating loss of some key anti-corruption cases.

The invasion of the Supreme Court Justices’ houses by the D.S.S. and E.F.C.C. operatives is unnecessary as the gentlemen will have voluntarily subjected themselves to an invitation by these operatives.

In the words of Governor El-Rufa’i, it is a constitutional reality that to succeed, the Federal Government must work with two other sides of government – the National Assembly and the Judiciary. In synergy that each arm accord mutual respect for each for a smooth realization and promotion of our democratic values and the successful fight against corruption.

Once again it is not impossible to reverse the situation.

Awwal Darki, Abuja.