Court annulment of election in Kenya good for Africa’s democracy –SANs

Court annulment of election in Kenya good for Africa’s democracy –SANs

Some Senior Advocates of Nigeria have hailed the judgment of the Supreme Court in Kenya that annulled the result of last month’s presidential election

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Some Senior Advocates of Nigeria have hailed the judgment of the Supreme Court in Kenya that annulled the result of last month’s presidential election in the country, describing it as a victory for Africa’s democracy. The senior lawyers said one lesson that Nigerian courts should learn from the judgment was to be brave to come to their decisions, even if such decisions were unpopular with the government of the day.

The election commission in Kenya had declared the incumbent, Uhuru Kenyatta, the winner of the presidential election by a margin of 1.4 million votes. But Kenya’s Supreme Court on Friday annulled the result of the election, citing irregularities, and ordered a new one to be conducted within 60 days.

Prof. Konyinsola Ajayi, SAN, described the Supreme Court’s decision as good for democracy in Africa.
“And not just the decision, we need to also praise the speed with which the decision was announced. It is something we should see in this country; unfortunately, all our decisions just sit on unnecessary technicalities,” he added.

Also, Mr. Tayo Oyetibo, SAN, said the judgment was a confirmation of the truism that the law is what the court says it is.
“I think it speaks well of the development of democracy in Africa, with particular reference to Kenya, and it is expected that when there is the need to do so in any other African country, including Nigeria, the judiciary will not shy away from it. It is a good development and our courts can learn from that.”

Another Senior Advocate of Nigeria, Chief Onueze Okocha, said Kenya had set an example for other African countries to follow, saying the development shows that democracy is thriving in the East African country. He advised other African democracies to take a cue from Kenya by obeying court orders when they are issued.

He said, “This shows that the court in Kenya, particularly the Supreme Court, is upholding the rule of law, which is exactly what we are expecting from other African democracies. If the Kenyan Supreme Court could annul the presidential election, it shows democracy is thriving there. I advise other African countries to put trust in their judiciary and approach them if there are issues in their elections. This will strengthen their democracies.”

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