A former President of the Nigerian Bar Association (NBA), Dr Olisa Agbakoba (SAN), has urged the conclusion of all presidential election petitions before the inauguration of a new president on May 29, noting that it will end the contemplation for an interim government.
The constitutional lawyer, through a statement on Monday, said the tribunal should adopt strategies and procedures for a speedy conclusion of arbitration matters in its approach to the cases.
He also listed three issues in the presidential election petitions he believes can be used to resolve the petitions expressly.
“I set out three issues in the presidential election petitions that are resolvable by application of procedural orders and or directions which may peremptorily decide some of the jurisdictional and procedural issues, stated in the petition as follows:
“Interpretation of Section 134 of the 1999 Constitution of the Federal Republic of Nigeria as to whether securing 25 per cent of votes in Federal Capital Territory Abuja is compulsory to be President,” the statement read.
“Is a candidate permitted to stand for presidential or vice presidential election when he is at the same time a senatorial candidate?
“Issues relating to qualification of candidates to stand for presidential election.
“If the petition were arbitration proceedings, an arbitrator may issue a procedural order directed to counsel to address all complex disputes and the arbitral tribunal will deliver what is called a partial final award,” Agbakoba said.
He also expressed the belief that between the tribunal and Supreme Court, the petitions can be resolved within seven days to cool the temperature on the issue of interim government.
“The speed proposed here requires a radical departure from our present judicial policy where case management plays a very limited role in judicial outcomes.
“Case management is the spirit and driving force of modern adjudication. Speed of justice is the mantra that our Judiciary must proclaim very loudly. This is needed in the Presidential petitions proceedings urgently,” he added.