THE retired president of Court of Appeal, Justice Isa Ayo Salami, has
posited that political parties under Nigeria’s kind of political
arrangement, are too powerful to be left unattended to.
Thus, the legal icon said courts must always be concerned about how
politicians get into elective positions when such issues were placed
before them and ensure that political office seekers did so only by the
legally set down means.
Justice Salami said this in a lecture, entitled: “2015 general
election and sustainable democracy: Judicial challenges and public
expectations,” delivered at the 2014 Justice MMA Akanbi Annual Lecture
in Ilorin, the Kwara State capital, on Thursday.
He said a situation where political parties were allowed to dictate
to the exclusion of other bodies how issues of national importance were
carried out was too dangerous for the well-being of the polity.
“Our political parties are very powerful. It is true that by the
provision of 1999 Constitution of the Federal Republic of Nigeria (as
amended), a citizen of the country could aspire to contest for any
elective post (once he possesses the requisite qualifications), but it
is equally true that same constitution makes such ambition unrealisable,
except through the instrumentality of a political party.
“A person cannot contest for a political position except that person
joins a political party and then contest under the banner of such a
party. The resultant consequence of this arrangement is that it is these
political parties that eventually determine who occupies what
position-governors, deputy governors in all states of the federation,
ministers, commissioners and other key governmental funtionaries.
“It is, therefore, upon the realisation of the significant impact
that these parties have on our national life that it becomes imperative
to get the best out of them. A situation where the culture of impunity
is allowed to continue within the political parties will adversely
affect the country too. Every facet of the economy will likely suffer.
“Like many democracies of the world, our kind of democracy is
party-based
. It means political parties determine who eventually
occupies which elective position. The choice of the winning party will
eventually be crowned as the choice of the people. As a result,
therefore, party election or intra-party election must be taken
seriously.
“In essence, if democracy must find its footing in the country as a
whole, the political parties must be made to serve as a fertile nursery,
where its roots are allowed to form and its leaves tendered to
survival,” he said.
“Unfortunately, however, the current regime of our electoral laws is
one that seems not to allow for enduring democracy within the political
parties. It is widely believed that political parties belong to the
members, who are free to organise their affairs as they deem fit without
let or hinderance from anybody. They are free to present any of their
members for elective position, no matter how the process for such was
conducted.
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