In his lecture titled “Judiciary and Electoral Jurisprudence in Nigeria: Uncertainties of Certainty”, Egbewole explained that the judiciary has been placed in a very critical and precarious position due to the nature of Nigerians and their attitude towards accepting defeat at any contested election. He stated that despite playing a significant role in settling election disputes as a third-party arbiter, courts are contributing to the stability of the country’s democracy, but there are still challenges facing the courts. These challenges include the lack of consistency or certainty in their judgments, too much reliance on technicalities as a sacrifice for justice, and allegations of lack of fairness in the judgments by political analysts, academics and even legal practitioners.
Egbewole, therefore, advocated the need to ensure that all divisions of courts or tribunals with coordinate power have access to sources of information on cases as they are filed and judgments as soon as delivered, to prevent conflicting decisions. He stressed the need for the establishment of a uniform and single mode of filing cases or petitions to avoid or prevent forum shopping, particularly in pre-election matters. He also suggested that the Court of Appeal should set up a very strong unit for research to coordinate decisions of the court to coordinate them to stem conflicts.
Egbewole added that there should be a special spotlight on election-related cases to track decisions sharing such decisions amongst the Justices of the various jurisdictions, calling attention to the reasons for the judgment. He stated that unanimity and consistency are achievable by such courts if there is proper coordination and means of exchanging information timeously about existing decisions of the courts. He stressed that judges and justices concerned should ensure synergy to meet the demands of society objectively as well as prevent an unwarranted assault on the courts due to conflicting decisions.
According to Egbewole, the increase in disconcerting conflicting judgments from courts expose the judiciary to unwarranted public criticism and abuse, to the extent of alleging that the court judgments are now given on a cash-and-carry basis. Egbewole’s recommendations aim to ensure that the judiciary upholds its role in maintaining stability and democracy in Nigeria, and prevents situations that can undermine the country’s democratic process.