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In the very early days of YarAduas administration when he was tortuously going about putting together a Federal Cabinet, Andy Uba, fresh from an ignominious expulsion from the Government House in Awka, approached YarAdua for a Ministerial job. After pondering his request, YarAdua asked Uba to go get his Doctoral diploma. Uba promptly replied that the courts had settled my degree matter. Ironically, YarAdua would now have to use a slight variation of Ubas line. The Presidential Election Court (Tribunal) seems to have settled the matter of YarAduas election as President.
Unfortunately for YarAdua, the verdict returned last Tuesday (26.02.2008) by the Tribunal did not remove the cloud of questionable mandate hanging over his administration; it has only offered him a get out of jail card. What the Tribunal has also done is to ignore the political emancipation of the Nigerian people and State. Alas, a propitious opportunity is lost to properly set about re-engineering the countrys political and electoral mindset and system.
Fortuitously, Ive heard a lot of people say that YarAdua is the best choice of the troika of Gen. Buhari, Atiku and himself. That may well be but that is completely missing the point. The issue at hand is to set right a system that allows a clique within the Nigerian State to not only arrogate onto themselves the privilege of deciding who becomes ruler of the land; but then go ahead and undermine organs of State in a most distasteful manner in order to foist their chosen one on Nigeria. This has been the trend since the 1950s. Curiously, at every occasion when we have been so battered, we join them in the idiotic, sheepish, contradictory, and empty chorus of moving the nation ahead or forward. We have moved the nation forward so many times in our chequered history that it is a wonder we have not yet fallen off a cliff.
But how many chances can a country get to put it right? Things have been looking hopeful recently until last Tuesday. YarAdua - to his credit - at his inauguration acknowledged that his election as President was flawed and had in fact since put in place an electoral reform committee. Presumably, he said and did this because he was in Nigeria during the elections and his Partys agents that monitored the polls had passed relevant information to him and his team. However, the Tribunal has now declared that YarAdua (and all Nigerians except Iwu) was wrong. The election was not flawed. Or to be kind to the Judges, the election was not too flawed to matter. In Nigeria, the template is one step forward and another step back. We have been running in place for a very long time. It is all motion, no movement.
I had gone back and listened to the verdict of the Tribunal. In retrospect, I wish I hadnt. If God had come down to testify against the election, the Tribunal would still have come to the same verdict. In spite of what unfolded before our very eyes in April 2007, the Tribunal actually dismissed ALL grounds of allegations before it. Nigeria has a way of killing a mans spirit. The lead judgement was delivered by Justice John Fabiyi in a shockingly poor, discordant and ponderous tone and manner. The courtroom itself was conducted in an unserious and shambolic way. The incredibly sub-par performance by Fabiyi was however in consonance with the courts perfidious ruling. The Tribunal actually pronounced that there was no evidence that any Nigerian was excluded because nobody went to court. What it conveniently neglected to point out was that during hearings, the Tribunal itself had systematically disqualified almost all of the petitioners witnesses. Very early into its sitting, it had directed and later ruled that the petitioners lawyers merely include in their paper documents what would have been presented as oral evidences. In its judgement however, the Tribunal turned around and lambasted the petitioners lawyers for lack of oral evidences!
It did not stop there. The petitioners lawyers presented reams of ballot papers that were used during the election that had no serial numbers on them. Now, to understand the import of this: the Electoral Act under which the election was conducted states that ballot papers must have serials numbers on them to be valid. The Tribunal ruled that this does not invalidate the exercise. It does not matter. Effectively we are being told that the Electoral Act can be ignored. INEC can do as it pleases.
Still on the matter of serial numbers: It recently came to light in court that the result sheets that were presented for the governorship election in Ogun State were actually those of Ekiti State. This was rightfully determined through the serial numbers on them. But here is our Federal Court of Appeal ruling that this is actually inconsequential. Okay o. The next time I print N500 and N1000 notes in my garage without Central Banks serial numbers on them, I hope no one challenges their validity.
What this deceitful ruling by the Tribunal has succeeded in doing is to re-heat the poisonous broth served up by Obasanjo and Iwu some ten months ago. All that bad feeling and bad taste has come flooding back overshadowing the largely good works of the various State Electoral Tribunals nationwide. Thank God those Tribunals had been sitting and delivering commendable judgements before this obtuse one from the Presidential Tribunal. They might have taken the lead from this discredited court and become contaminated by its ruling and wrong message. You know; the same disease that afflicts most Nigerian institutions (for example, the Nigerian Police) rot from the top seeping downwards. The truth is that this Federal Court of Appeal has a consistent record of rendering dreadfully and cowardly wrong judgements that had to be later deodorised by the Supreme Court. Atikus attempted illegal exclusion from the election based on one yẹyẹ EFCC list and Rotimi Amaechi Vs Celestine Omehia immediately comes to mind.
I fear now what Justice Ogebe is bringing to the Supreme Court. Chief Justices Alfa Belgore and Kutigi had had to do a yeomans job of restoring the credibility and dignity of that vital body after the merciful exit of Uwais and the stench he left behind. Perhaps the slot left vacant by Ogebe at the Federal Appeal Court can be filled by one Justice Ayobode Lokulo-Sodipe who is currently enjoying himself in Asaba at the expense of the Delta State government. God knows who would fit right in there.
What actually caught me completely unawares in all of this is the overt and determined manner YarAdua and his camp went about bribing all bribables in the lead up to the Tribunals judgement. Completely at variance with his earlier pronouncements, blather about the rule of law and gentlemanly mien, YarAdua employed a full-court-press good old Nigerian corruption to ensure he remains in Aso Rock. So it isnt beyond YarAdua to have dinners with relative of Justices at the eleventh hour, etc. When the lead Justice of the Federal Appeal Court is promoted to the Supreme Court virtually the night before, and when Justices were being conferred with the highest national honours willy nilly, you just know
So power is sweet afterall. Nobody wants to give it up. Another thing that baffled was the pockets of very well coordinated solidarity demonstrations for YarAdua immediately right after the verdict was read. That to me seems to confirm that YarAduas team knew the flavour of the judgement in advance as reported in some media.
In the circumstance, Im not even sure that the ruling of the Tribunal serves YarAdua well. I mean, he would always be seen now as a product of a very flawed election who carries not a political mandate but a legal conferred one because five judges sold out. The whole thing has a certain bad odour about it and it is unbefitting. In a re-ordered election that YarAdua wins, surely that would be better for him and the country?
In my view, even if the Tribunal had voided YarAduas election and the Supreme Court for some odd reason overruled that decision, the point would still have been made. As it is, the nation has lost another grand opportunity to begin to redress one of the biggest ills that holds us in perpetual under-development. An opportunity is lost to let Nigerians and Nigerian politicians known that election rigging would no longer be a profitable pursuit.
The Tribunal has basically told Nigerians to move on. Dont worry, be happy. The message is that you certainly can do-or-die and Iwuruwurunize any presidential election here because, well, the judiciary is not prepared to rock the boat at that level. The same way the Supreme Court under Uwais told the nation to move on after the 2003 elections in the national and public interest. Which public interest is that? Well, we know where forward OBJ moved us in the 2007 episode. But undaunted, the choir has now taken up the lets move the nation forward refrain again. I know that as Nigerians, we can rationalise anything; but please let no one talk to me about this verdict being in the national interest. The national interest is actually being flogged to death. When all else fails, we place the credit (blame really) on Gods doorstep and ask everyone to move on. Nigeria, the cowardly giant continues to die many times in the course of moving forward. We have been moving-on over heaps of rubbish for so long that the soles of our shoes have craters in them.
Amazingly, I have heard some say we can now set about some proper electoral reforms. It just breaks your heart doesnt it? Given what we now know, YarAduas electoral reform will not yield anything. Nigeria has perfected the act of ignoring the suture and placing a plaster on a severed artery. Please take a look again at the electoral reform body YarAdua put together headed by Uwais. Then look at the problem of elections and the domineering cabal in Nigeria. It is only slightly better (only just) than the Police Reform Committee he inaugurated the other day. It is a wonder Prof Iwu is not on the panel.
Speaking of his lordship, Maurice Iwu. I hope to God the often inebriated Professor does not see the Tribunals verdict as a validation of anything to do with him. The wide scale and applauded nullification of the results of his supervised elections nationwide puts paid to that. He failed loudly and contributed handsomely to this mess today from which the nation is currently trying to extricate herself.
Finally, perhaps the time has come to seriously ponder an uncomfortable and unfortunate question: Should we do away with elections in Nigeria? I mean, what is the point really? In any event, at least YarAdua can now finally sack Iwu. It appears he doesnt need him now for his election rerun.
demdem@hotmail.co.uk

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Posted by Robot| 01.03.2008 19:39