Against the backdrop of recent moves by some politicians to set up an interim national government ING, a senior lawyer and former national President of the Nigerian Bar Association NBA, Dr. Olisa Agbakoba SAN has made a strong case for the conclusion of all presidential election petitions before the May, 29, 2023 swearing in date for the president elect.

He argued that those clamouring for the ING was probably due to fears that the presidential election tribunal might not conclude all the petitions against the outcome of the February 25, 2023 in which the Independent National Electoral Commission INEC declared Bola Tinubu as winner.

In a statement he entitled: ‘Speed of Justice: The Solutions to deciding the presidential election petition as soon as possible and before May 29, 2023’, the rights lawyer argued that it was very possible for all the petitions to be concluded before the swearing in if and only if the tribunal works proactively.

The Senior Advocate of Nigeria SAN, also urged the tribunal to adopt the Arbitration approach, under which procedural orders or directions are issued peremptorily to resolve sometimes very complex jurisdictional and procedural issues.

In determining the presidential election petitions, he listed three main areas the tribunal should focus attention on, which include the interpretation of section 134 of the Nigerian Constitution as to whether 25per cent of votes in the Federal Capital Territory FCT, Abuja is compulsory to be declared as president of the country.

The second core issue, according to him is to determine whether a candidate is permitted to stand for presidential or vice presidential election when he is at the same time a senatorial candidate while the third issue relates to the qualification of candidates to stand for presidential election.

While advocating speed and proper case management, which is the in -thing in modern adjuration, he strongly argued that if the petitions were arbitration proceedings, an arbitrator may issue a procedural order directed to counsel to address all complex disputes while the Arbitral Tribunal will deliver what is called a partial final award.

He further submitted that in the case of the presidential election tribunal, including the Supreme Court, they can also direct procedural orders with very short time lines given to counsel to address the complex jurisdictional issues raised in the petitions and the tribunal or the Supreme Court as the case may be will then issue final summary judgment as appropriate.

The statement reads in part: “The tension around the call for an interim government is that the presidential election petition may not conclude before the inauguration of a new president on May 29,2023. But it’s very possible to conclude these petitions, provided that the court systems are very proactive. Under Arbitration matters, procedural orders and or directions issue peremptorily to resolve sometimes very complex jurisdictional and procedural issues. The presidential election tribunals are urged to adapt the procedures very familiar with speedy conclusion of arbitration matters.

“We strongly believe that between the tribunal and Supreme Court, the petitions can be resolved within seven days from today. This will cool the temperature in Nigeria on the issue of interim government etc.

“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.”

Recall that Dr. Abakoba had last week, condemned the call for the imposition of an ING, which he insists would truncate the nation’s emerging democracy and set the country backwards in her quest to grow her political economy.