The Supreme Court must not fail us

For a very long time I have stopped praying for this country. Not necessarily for lack of love for my dear country, but because my little faith could not push me further after the hopelessness in which we find ourselves as a nation courtesy of the eight years of Obasanjo’s misrule. Eight wasted years in the life of nation is a serious loss and only divine intervention could salvage the situation. But it does appear that our Almighty Father has turned His back on us. 

The Nigeria judiciary has often been tagged cash and carry, not until the Retired Justice Salihu Moddibo Alfa Belgore mounted the leadership of the apex court. He boasted that he was going to reform the justice system before he quitted the stage. And God Almighty saw him through. As expected, encomiums were poured on the judiciary as the feast lasted. Men of the bench were revered as if they were angels.

Unfortunately, the festival did not last long. As soon as Justice Belgore quitted the stage, we were back to status quo. The lower courts tried their best but justice was always bungled at the Appeal Courts. No matter how bad a case is, the Appeal Court has a way of ‘doing the magic’. David Mark lost his case at the lower court. Appeal Court gave it to him. The slogan has been that Appeal Court will give to you what the lower courts refuse to give to you. The cases of Alao Akala of Oyo and Saidu Dakingari of Kebbi States respectively were clear cases of judicial massacre, courtesy of Appeal Courts.

Just like a hole in the pocket, the Court of Appeal has become the conduit pipe through which justice is exterminated. In an attempt to subvert justice, most election riggers do not bother themselves with election tribunals any longer. They highjack justice at the Appeal Courts since they are always willing to play ball.

The feelings we got when Justice Kutigi was warming up for his present position was that he was a no nonsense judicial officer who would not compromise on any matter. But honestly speaking, Nigerians are still waiting. We have not seen anything dramatic or extra ordinary.

A clear point must be made. To perform effectively and efficiently as Chief Justice of the Federation, one must keep those in government at bay. If they are too close, you begin to shine in their colours. You can’t hub-nub with the government as a Chief Judge and expect to do a good job. Keep them at a reasonable distance and concentrate on the enormous job you have before you, since you have one. That is the sacrifice you have to make once you accept the job.

The presidential appeal case presently before the Supreme Court is a case that will make or mar the integrity of the court. Justice must be seen to be done in the Buhari and Atiku’s case. Justice must not be subverted on the alter of national security. The insinuation that the national security is at risk if the presidential election is annulled is not only outdated but it is baseless and illogical. It is the same excuse that had been used to perpetuate injustice.

If the Supreme Court agrees to toe the line of the Appeal Court, it would have succeeded in strangulating our democracy at birth. The negative implication is that election will continue to be a do or die affair. No serious minded Nigerian will challenge the result of an election again, at least not in this generation. Doing so will amount to a futile exercise and an endless journey that only a fool would embark upon.

Bright Adeola Coker

(brightolacoker@yahoo.com)

No 2, Badmus Street

Victoria Island Annex, Lagos 

Robot  Villager

# 1 The presidential appeal case presently before the Supreme Court is a case that will make or mar the integrity of the court. Justice must be seen to be done in the Buhari and Atiku’s case. Justice must not be subverted on the alter of national security....Read the full article. Posted by Robot| 24.10.2008 07:37

allaccess  Villager

# 2 =Robot;282460>The presidential appeal case presently before the Supreme Court is a case that will make or mar the integrity of the court. Justice must be seen to be done in the Buhari and Atiku’s case. Justice must not be subverted on the alter of national security....Read the full article. He is your answer: http://www.saharareporters.com/www/news/detail/?id=753 sources also revealed that the oil deals have enabled Yar’adua to co-opt many members of the judiciary. “The president has used the Katsina-born president of the Court of Appeal, Justice Umaru Abdullahi, to reach judges and justices to accept huge cash allocations,” said our presidency source. He added that the gift of hard currency on a consistent basis has enabled Yar’adua to gain influence with some justices of the Supreme Court who are set to rule on the legitimacy of Yar’adua’s government in a matter of months from now. Posted by allaccess| 24.10.2008 09:59

Agidimolaja  Villager

# 3 Supreme court, when you judge; please, judge with fairness! Posted by Agidimolaja| 25.10.2008 01:33

ikechukwu  Villager

# 4 Supreme court would only cancel the election of UMYA if the supreme court is sure that UMYA is really sick, imagine the scenario in which the election is validated and UMYA dies, of course your guess is as good as mine. However if the supreme court is sure UMYA is ok enough the elections would be upheld by saying there is substantial compliance with the electoral act. We are watching..... Posted by ikechukwu| 25.10.2008 10:31

fxo  Villager

# 5 =ikechukwu;282776>Supreme court would only cancel the election of UMYA if the supreme court is sure that UMYA is really sick, imagine the scenario in which the election is validated and UMYA dies, of course your guess is as good as mine. However if the supreme court is sure UMYA is ok enough the elections would be upheld by saying there is substantial compliance with the electoral act. We are watching..... How does his health or lack of it explain the charges against him. I believe he as been accused of electoral fraud, the Justices are suppose to decide based on the facts, not decide based on their own personal politics. Posted by fxo| 25.10.2008 14:38

ikechukwu  Villager

# 6 =fxo;282836>How does his health or lack of it explain the charges against him. I believe he as been accused of electoral fraud, the Justices are suppose to decide based on the facts, not decide based on their own personal politics. I agree with you that they are supposed to decide based on facts, but the truth is that few judges decide on facts in many of these electoral matters. If it were to be on facts UMYA's election would have been annulled at the appeal court, because when there is non-serialization of any official document, the document is as dead as dodo. You don’t need a lawyer to tell you that any money given to you without serial number is faked, but the appeal court judges (unanimously for that matter) ruled for UMYA. This is just a sample; it says more about what went on in many other election tribunals. So saying something about facts in election cases in Nigeria is sadly missing the point because facts don't mostly decide those cases other extraneous things like money, the justices own personal politics, yes own personal politics, etc decide the cases. This is the sad commentary of the judicial system we practice here. I would be pleasantly surprised if the Supreme Court would decide the elections based on facts, but I would not be disappointed if they rule in favor of UMYA. This is sadly our story. Posted by ikechukwu| 27.10.2008 03:53