*Opeyemi Soyombo, in this two–part discouse, points out contradictions contained in the judgement of Justice Niki Tobi (JSC) on the 2007 Presidential Election petition. Soyombo concludes that in order to avoid another miscarriage of justice in 2011, Section 146(1) of the Electoral Act, 2006 must be amended by the National Assembly without further delay.
No doubt, Justice Niki Tobi, a respected judge of the Supreme Court, is a master of literary construction. But he also indulges in verbiage and superfluity at the expense, unfortunately, of clarity of his judgement. It is difficult for me to say at this time whether or not this was deliberate. In my humble opinion, a judged should exercise utmost caution and discipline in the use of words. This is important, professionally, in order not to blur the distinction between the ratio decidendi and obiter dictum of a verdict. That is, the line between the principle on which a court based its decision and the (persuasive) judicial comments made in the judgement should, as much as possible, be thick enough, in order to aid the application of the same principle (stare decisis) by the lower courts or the same court in the future.
Another reason why unwarranted ornateness should be avoided in a judgement is that the verdict will subsequently be subjected to further analysis – objective and subjective – by citizens who have interest in the suit. What is more, in an election p in Nigeria, it is my humble view that economy of words ought to be the rule and not the exception. A judge is necessarily judged by his own judgement!
Reading the detailed verdict delivered by Justice Tobi (JSC) on Friday, December 12th, 2008 on the 2007 presidential election case between Muhammadu Buhari of ANPP and Umaru Yar’Adua of PDP, I inescapably came to the above conclusions.