“The Constitution of the federal republic of Nigeria is supreme and it is over and above every other law in Nigeria, it supersedes every law and other laws are to be subjected under it. Any law which raises its ugly head be it by omission or commission to be in conflict with the Constitution is to be declared null and void to the extent of its inconsistency”.

The memory verse recited above which is the provision of the Constitution in S1(1-3) (although garnished) was recited to give us a safe landing on this controversial but germane argument I will be making in this piece; “ that the act of mandating citizens for voter registration and obtaining TVC or PVC before they could exercise their fundamental right to vote is in conflict with provisions of the Constitution and therefore unconstitutional”.

What does the Constitution say about voting?
The Constitutional provision that is summarized to be the right to vote and be voted for or franchise or suffrage as provided in Chapter IV of the Constitution stipulates that every person who is a Nigerian citizen and have have attained the age of majority and is of sound mind has the right to vote and every Nigerian citizen who is of the right age, possess the right and required qualifications and is of sound mind have the right to be voted for.

For someone to be a voter in Nigeria and exercise his or her fundamental right he or she must, first of all, be a Nigerian citizen and he or she must have attained the age of majority and he or she must also be of sound mind; these are the major conditions provided and is needed for a one to be a voter in Nigeria and every other qualifier or conditions provided and set by any other law, enactments or statutes is only conflicting and trying to rub shoulders with the supremacy of the Constitution and by the reason of that legislative insolence that other law must be declared null and void to the extent that it tried to ridicule the supreme Constitution.

If a Constitutional provided fundamental right is subjected to some other preconditions and postconditions before a citizen who has attained the qualifying benchmark set by the Constitution then it will be a total slap and ridicule on the sanctity and superiority of the Constitution. If conditions are set before a citizen can exercise his right to vote then there should as well be other qualifiers and conditions set that citizens must fulfill before citizens can exercise their other fundamental human rights like the right to speak freely, right to move around, right to acquire and own properties, etc because what goes for Peter goes for Paul as well.

On this note, every other condition set either by the electoral act or the voter registration act or any other enactment whatsoever mandating a citizen to go through before that citizen can exercise his or her fundamental human right is unconstitutional and therefore should be struck down by the almighty sword of the judiciary and be declared null and void.

The voter registration exercise, collection of Tvc or PVC before a citizen who has attained the age of majority and of sound mind can exercise his or her fundamental human right to vote does not align with the Constitution: I am a Nigerian, I have attained the age of majority and I am if sound mind; that is enough identifier and qualifier for me to exercise my right to vote and should never be subjected to the rigorous exercise or voter registration and obtainance of tvc and pvc before I can be permitted to exercise my constitutionally provided fundamental human rights. This is absurd and ridiculous.

Subjecting citizens to fulfill some other conditions before they could be allowed to vote is tantamount to disenfranchisement and no person or law has the power to disenfranchise any Nigerian citizen. The voter registration exercise should therefore be scrapped and expunged totally as it is a disenfranchisement tool and ploy which is having a bold fight with the Constitutional provision and the Constitution is supreme as Stated in s1(3) and no enactment or other law can ever put up a fight with the supreme constitution.

A Nigerian having identified himself to be a Nigerian by the means of presenting a valid government-issued ID and having shown that he has attained the age of majority should be the only condition for a citizen to vote and those conditions are more than enough. This is what is obtainable in other developed democratic nations. Voters registration exercise is only a unique introduction to the Nigerian political space.

On this note, the voter’s registration exercise and possession of tvc or pvc as a prerequisite to voting as provided in electoral acts and voter registration acts or any other enactments or provisions is unconstitutional, hence should be declared null and void to the extent of its inconsistency.

Universal adult suffrage is not a local right, it is a right that is universally recognized and adopted in universal laws; it is provided for in Article 21 of the Universal Declaration of Human Rights. This is to show how important this right is and no one, absolutely no one should be denied such rights either by express or intentional act or by obscure acts like mandatory rigorous voters registration exercise of the INEC.

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When I read it, I did not want to write about it because one would have expected it to be fake news. But it has turned out to be hard news. Yes, ‘fourteen Justices of the Supreme Court have written to the Chief Justice of Nigeria (CJN), Tanko Muhammad, lamenting the parlous state of affairs in the court…Following the complaints that were raised at a March 2022 meeting “after several persistent requests to hold the meeting,” a “welfare committee” was set up to aggregate the issues. But the justices said, “Your Lordship (the CJN) received and ignored these demands since 24th March 2022.’ Premium Times reports. 

Simply, the Justices need help and a big one: ““At the Justices meeting, we intimated your Lordship that some Justices sworn on the 6th day of November 2020 were yet to be accommodated by the Court.” So, Justices are “living” with families and friends!

Then the warning: “We DEMAND to know what has become of our training funds, have they been diverted, or is it a plain denial?…we find it strange that despite the upward review of our budgetary allocation, the court cannot cater for our legitimate entitlements. This is unacceptable!” .

People, do we do crowdfunding for the Supreme Court Justices? They can go on strike: ‘They added that should Mr Muhammad fail to address their concerns, “we will be compelled to (take) further steps immediately. May this day never come.”’ Sure, this has nothing to do with money since they have fatter budgets. 

O di egwu: confusion everywhere, and the once vibrant and dynamic nation continues to fade.

The CJN has responded.

PRESS STATEMENT 20/6/2022

Re: State Of Affairs In The Supreme Court And Demand By Justices Of The Supreme Court

The Chief Justice of Nigeria, Hon Justice Ibrahim Tanko Mohammad would wish to confirm receipt of letter written and addressed to him by his brother Justices of the Supreme Court Bench.

Judges in all climes are to be seen and not heard, and that informed why the CJN refrained from joining issues until a letter, said to be personal, is spreading across the length and breadth of the society. This was akin to dancing naked at the market square by us with the ripple effect of the said letter

The Supreme Court definitely does not exist outside its environment, it is also affected by the economic and socio-political climate prevailing in the country. Besides that, the Apex Court has to a larger extent, been living to its constitutional responsibility.

When a budget is made, it contains two sides, that’s the recurrent and the capital, yet all the two are broken down into items. The Federal Government releases the budget based on the budget components. And it’s an offence to spend the money meant for one item for another.

Take for instance, the Supreme Court budgeted this year to re-roof and rehabilitate its complex built over 30 years ago and that is being done. The work on the extension of the complex is near completion, the esthetic lawns and cleanness of the perimeters are being well kept, and security and water supply are adequately provided for his brother Justices in their offices and residences. During the period of pandemic, a profound and extra-care was maintained to avoid causalities among them as well as the staff generally. It would have amounted to an act of irresponsibility to divert money meant for the above for otherwise.

The accusation so far, in summary is that more or all ought to have been done and not that nothing has been done; which is utopian in the contemporary condition of our country.

Before eight new Justices were appointed in 2020 onto the Apex Court bench, there was no additional budget to provide new chambers with equipped library, legal assistance, residential accommodations and logistics for them. The Apex Court has to make do with the resources at its disposal to meet their needs over time. All the Justices of this Court has at least a legal assistance, except some may opt for more. One of the CJN’s legal assistance (now Justice Aina) was appointed to Abuja FCT High Court last month, while another (Barr Ramatu) died three months back. Generally the Judiciary is looking up to recruitment of more legal assistance and other supporting staff this year.

Besides, two Supreme Court Justices died within the period under consideration. Both the four retirees and the two departed cost the court some funds in the forms of gratuities and allowances.

Two weeks ago, eight Supreme Court Justices were nominated for a workshop in London as the court cannot take all of them there at once otherwise the job would suffer. They would be going in batches. Accommodations are being gradually provided for the few that are yet to get. There is none of the Apex Court Justices without SUV and back up cars. If any of them were purchased but refurbished, the external and internal auditors are here in the court to take those that bought them up over it.

The high cost of electricity tariff and diesel are national problem. The Chief Registrar might have budgeted for N300 per litre but diesel is now selling for over N700 per litre and therefore has to find a way around it without even bringing it to the attention of the CJN. But there is no way the generator would be put off if the Court is sitting.

The amendment of court rules is on the process, it has to be critically reviewed to avoid conflict with the constitution and other extant laws. Not all the CJN has reviewed the rules in the past. Within the three years his brother Justices mentioned came the pandemic and the judiciary workers’ strike.

The internet services have been restored to Justices’ residences and chambers, just as some allowances have been paid to them. The CJN held a meeting with his brother Justices last Thursday and another one is due to hold this week.

The general public should be rest assured that there’s no hostility or adverse feelings amongst the Justices of the Supreme Court, as everyone is going about his normal duty.

Ahuraka Yusuf Isah, Senior Special Assistant (on Media} to the CJN