Conflicting court judgments, Bwala tells S/Court to assert its supremacy
By Emmanuel Oloniruha
A Constitutional Lawyer, Dr Daniel Bwala has advised the the Supreme Court set the records straight on the superiority of its judgment on the incapacity of election tribunals to look into pre-election cases.
Bwala speaking a Television programme on Monday on the Court of Appeal judgment which annul the election of Gov. Caleb Mutfwang of Plateau State based on pre-election matter, said the call was important to avert anarchy in the country.
The Court of Appeal had upturned the election of Mutfwang election on the basis of the claim that the Peoples Democratic Party (PDP) did not have a structure in the state
Bwala, a PDP chieftain, warned that the decision of the Appeal Court to take over jurisdiction in the pre-election matters concerning the Plateau State elections could be a threat to judicial order as it could set a pattern for lower courts to undermine decisions of the apex court.
Bwala said aside the settled precedence of the Supreme Court that the All Progressives Congress (APC) was an interloper by questioning the nomination of PDP, the apex court already settled the issue of pre-election matters being outside the purview of election tribunals.
He said that such pre-election matters according to the apex court could only be determined at the Federal High Court prior to elections.
“It is important that the judiciary should set the records straight because once the Supreme Court has settled a matter you have no choice, than to follow it.
“Because there is a precedent, we are saying, how can the Supreme Court say this is it and this court did not abide by the decision of the Supreme Court because we are told that under the doctrine of judicial precedence that courts are bound by the decisions of superior courts.
“Once the law is settled by the decision of the Supreme Court it becomes a law that cannot be changed except the legislature in the next legislative cycle pass a law to change it.
“That law is binding on authorities and also binding on courts below them and it becomes a final law and any disobedience to that attracts the anger of the courts,” Bwala said.
He said that in the days of the late Justice Noki Tobi justice of Supreme Court were very jealous in guiding the integrity of their court.
He added that if any court below them gives a decision that contrary to a precedent that they had made they have not failed to chastise the lower court.
He said that the then justices did that because they wanted stability in the legal profession and democracy “because if the Supreme Court decides in a certain direction and courts below them decide on another way, it can create a great deal of instability.
“It can destroy democracy because what it means is that there is no order in judicial precedence in a country, “ he said
Bwala said it is also constitutional matter and not just a matter of the Electoral Act.
“Section 287 says that the judgment of the Supreme Court is binding on all courts and the Supreme Court on that issue has settled it that pre-election matters cannot be entertained by election tribunals either at the trial level or at the appellate level.
“They set an example when pre-election matters were brought before them.
“Even at the Court of Appeal sitting as a trial court in the Presidential Election tribunal they said they lacked jurisdiction to entertain pre-election matters and when it got to Supreme Court, the Supreme Court maintained the same position.
“So, why should Plateau be different? It cannot be different because the decision of the Supreme Court has to be obeyed,” he said.