| The Presidential Election Tribunal Ruling And The Eagle |
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| Written by Prince Charles Dickson | |||||||||||||
| Sunday, 02 March 2008 | |||||||||||||
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Very quickly let me begin with the words of Chief Mike Ahamba (SAN), 'Conscience is like a bag, the heart is like a bag and everyone is carrying his or her own'. Nigeria is the land of plenty, so blessed in both human and natural resources, no tsunamis, earthquakes, floods, although often than not our political and economic lives are full of such mind boggling acts. While what I have stated is only the obvious, what no one has provided a sentence answer to, is why then can we not do it right and do it well. Before I go far on the howler called ruling let me say that this is not an analysis, I am not a lawyer, but I am one of those that believe that in a free and fair election as we know it to be, Yar'Adua may have beaten both Buhari and Atiku, these although is not the issue, the issue here is summarized by many points, but rather than go far let me pick one of such as elucidated by Mobolaji Aluko who said. "The issue of lack of serial numbers on ballot papers is the greatest legal howler here. The Panel held that it was a SUBSTANTIAL violation of the Electoral Law, but was not enough SUBSTANTIAL NON-COMPLIANCE to nullify the election because the petitioners could not show how the results were affected. However, this is palpably disingenuous: the serial numbers were instituted by law PRECISELY to be able to carry out such an audit. If such an audit is NOT enabled by lack of serial numbers, then HOW can ANY petitioner prove his point? What is the point of provisions in the Electoral Law if the Panel agreed that: - the voters registers were invalid/tainted; - the non-serialization of the ballot paper was unacceptably in violation; - there was widespread delay and late-night voting but then it stated that no proof has been offered that these three FUNDAMENTAL violations impacted on the results? In fact, the court went on to characterize all of these violations as "miniature complaints." The Presidential Election Tribunal has ruled, many have spoken, many are yet to speak, but I am concerned with the implication of the ruling on our democracy and the future of the nation. From the ruling I would say that it can only get worse, if the Supreme Court does not rectify all the flaws of the ruling, if an election which Yar'Adua acknowledged to be flawed is termed free and fair by the same judiciary that we have been praising then we have a problem ahead of us. As much as we see ourselves as survivors, a nation where anything goes, with the ruling last Tuesday it is only obvious that we have hit the head again with our own hands. We again have fled from the truth, we have embraced falsehood. I was discussing the whole scandal which is what exactly what it is, and the feeling was one of disgust, this time, not even one of the Judges were of a dissenting voice. It was a zombie ruling, all predetermined, how much were these men and woman paid to sell their conscience? When tomorrow comes what will the judgement have left in the nations history, I ponder on what was the fear of those concerned, that they could not tell Nigerians the truth that they already know. Why could these judges not have signed sealed and delivered a free, correct and fair ruling. I am not going to for fear of sounding redundant repeat the obvious but let me say that first the tribunal ruling was already fiat accompli, Yar'Adua was in the know, it was a sellout, Buhari and Atiku were naïve and paid for it. Categorically Buhari's face told the story; even the PDP lawyers could not present a victory speech, because this was not about legal process. A top INEC official that refused to be part of the masquerade on INEC being vindicated said "I am shocked, I expected nothing short of an annulment in at least 10 states, where did it all change", he asked. In 2003 it was bad, now rigging only just got better because a certain Judge Fabiyi felt that all that was wrong with the April 2007 election was minimal, an infraction, trivial, of no significance and as such we should just go ahead. It is equally a learning experience that Yar'Adua has not publicly claimed victory or acknowledged the ruling, do we also call this a victory for democracy. I wonder what now is the need for the electoral reform-panel when all that was wrong with the April election was minimal, infraction and trivial. While I pondered on all that was wrong with that ruling, I took time to look at the Nigerian coat of arms; the part that struck me was the eagle, the green eagle, the super eagle, that has lately been referred to super chickens. The eagle which is our national pride took a new meaning for me after I reflected on the following lines and I want to share it. The eagle has the longest life-span of its species; it can live up to 70 years. But to reach this age, the eagle must make a hard decision in it's' 40's. Its' long and flexible talons can no longer grab prey which serves as food. Its' long and sharp beak becomes bent. It's old-aged and heavy wings, due to their thick feathers, become stuck to its' chest and make it difficult to fly, then, the eagle is left with only two options: die or go through a painful process of change which lasts 150 days. The process requires that the eagle fly to a mountain top and sit on its' nest. There the eagle knocks its' beak against a rock until it plucks it out After plucking it out, the eagle will wait for a new beak to grow back and then it will pluck out its' talons When it's new talons grow back, the eagle starts plucking it's old-aged feathers. And after five months, the eagle takes its famous flight of rebirth and lives for 30 more years We should learn from the Eagle, spread our wings and fly. It's too bad we can't pluck off old parts and wait for them to grow back. The verdict of the Judge Ogebe led tribunal is one of death by choice, we have knowingly accepted falsehood as the truth. Rather than painfully go through a re-birth we have chosen a short-cut that leads nowhere, I question those in authority if this is how we will get to the 2020 stage. On that Tuesday five hours of our time wasted and we say all is well. The Judge even had the luxury of asking if his audience was tired because as at that point, he no longer believed in what he was saying. With the case going to the supreme court, the soonest the whole drama can be disposed off with is another few months, and it would go back to another tribunal, and the round and round would continue, that way Yar'Adua continues, why could we not like the Eagle rather than accept this ruling go back to the drawing board, get it right, instead we have chosen to die by this ruling. May the Almighty Allah the giver of life and justice, give the aggrieved justice.
Prince Charles Dickson Group News Editor Leadership Newspapers Group 234-08033311301, 08057152301
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| Last Updated ( Thursday, 24 April 2008 ) | |||||||||||||
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Posted by Robot| 02.03.2008 12:53