Opinion on the Kenyan Supreme Court Judgement by Dr Chidi Odinkalu, the Chairperson of the Nigerian National Human Rights Commission:
"I read this judgment moments ago. The big issues are ultimately up to Kenyans. I make no comments on those.
Speaking as a lawyer from Nigeria on a first reading of this judgment, I have to say it is tragic that they have relied on some of the most awful and questionable jurisprudence from the Nigerian Supreme Court on the question of elections. Writing in 2007, Professor Ben Nwabueze, arguably Africa’s best known expert in comparative constitutional law and a Senior Advocate of Nigeria (SAN) accused Nigeria’s Supreme Court of having played a “discreditable part” in procuring illegal mandates from the elections of 2003 and 2007 presidential elections in Nigeria. He adds that “the governments, federal and state, formed on the basis of those elections, had the effect of foisting illegal governments on the country since 2003” [Ben Nwabueze, How President Obasanjo Subverted Nigeria’s Federal System, xxx (2007)]; and stopping short of accusing the Court outrightly of corruption, laments the failure by “the Supreme Court to appreciate that the question of who should rule Nigeria is not one to be decided by a perverse and narrow legalism, by the technicalities of the rules of evidence, practice and procedure and by considerations of expediency.” [Ben Nwabueze, Judicialism and Good Governance in Africa, 132 (2009)]
It’s rather tragic that the Supreme Court of Kenya – or any court for that matter from anywhere – should popularize such bent jurisprudence."
They even quoted the ruling by Supreme court of Uganda....and the next thing we saw is Museveni coming to lecture us on democracy..surely!!!!
possunt quia posse videntur