Monday 22 October 2012

Edo election tribunal and Nigeria’s judiciary-less judiciary (3)

UNLESS further events compel me to have a re-think and a review of proceedings, this is the last part of the subject-matter under focus. And it is my wish to hop-step-and-jump to the post-election-rigging phase which I adumbrated earlier in the first two parts. I am skipping, deliberately, the second phase of election-in-progress-rigging, which is part of the petition of the General which the tribunal is yet to hear and rule on in favour of or against either party.
But before I dwell on the last phase of election-rigging, Nigerian style, I must compel readers to go back a little time and recall the case and matter of “Toronto” Salau Buhari, a once-upon-a-time Speaker of Nigeria’s House of Representatives during the first term of Chief Olusegun Obasanjo’s presidency. When Mallam or Alhaji Buhari “Torontoed” the PDP and Nigeria and became, unlawfully, the Speaker of Parliament of the central legislators, he did the rightly and honourably wonderful thing by quitting his endearing post. Today he is in a political limbo, but I must continue to remember him and President Obasanjo for the timely display of the needful thing, the needful honour of resignation, rather than dragging the matter of the allegation to needless legal acts of gymnastics. President Obasanjo was sympathetic then to the cause and course of honour, and allowed “Toronto” Buhari to go. Clearly, the General and President from Owuland proved to Nigerians that he and the “Toronto” Speaker were not (and still are not) eiusdem farinae (“birds of a feather”).
One would expect the political advisers, friends, executive cabinet members of the Edo State Government and House of Assembly and leaders of the ACN, locally and nationally, to prevail on the Comrade- Governor to throw in the towel if truly their gubernatorial candidate did not, before the last gubernatorial election, possess the requisite and pertinent academic qualification and certificate allowed for the post of Governor. It is needless stubbornly to drag the case.
The tax payers of Edo State who are suffering from the pangs and pains of excessive and over-burdened taxation should be saved the further burden of allowing their money to be wasted on needless litigation. Or is the erstwhile Labour hero and model wasting his own money to prosecute the case? In any case, my simple advice to the inner circle and torch-bearers of ACN is to look at the proof (ecce signum) and take appropriate steps in the interest of righteous justice on behalf of the good and over-taxed workers and people of Edo State. They should not allow the petition of alleged certificate forgery against Mr. Adams Aliyu (or Aliu) Oshiomhole to go the full distance. Or they have absolute faith and confidence (fide et fiducia), for obvious reasons, on Nigeria’s judiciary-less judiciary?
Those who of late have seen the Governor ceaselessly on television have wondered if the amiable orator ever again rouse to positive action students, hawkers and Okada-riders, many of whom are genuinely academically certificated?  And I wonder how students and academics in Edo State’s tertiary institutions are feeling now. The remover and appointer of Vice-Chancellors is truly in the news!  Fiat lux (“Let there be light”) of righteous justice in Edo State, after all said and done.
Will Nigeria’s judiciary-less judiciary allow it? We all who were grown up and sensible enough in 1979 still remember vividly the electoral, or, better put, the post-electoral math of twelve-two-third that rigged Chief Obafemi Awolowo, diabolically, out of the Presidency. Some legal pundits have informed me that, that Supreme Court’s ruling or judgment is not citable in the annals of Nigeria’s jurisprudence maybe primarily on account of its indefensible jurisprudential logic. Recently, the late President Musa Yar’Adua faulted the electoral irregularities that won him the Presidency. But our judiciary-less judiciary gave consent to them. What I am trying to say, and in fact saying, is that our judiciary, the supposed bastion of our righteous justice has, over time, been turned into an instrument of post-election-rigging in Nigeria. By the way, why truly is Justice Salami suffering what he is suffering today? This question shall remain answer-less pro tempore because it is still sensitively hot in court. And I don’t wish to have any hot bath in the hot river of contempt which our judiciary-less judiciary may wish for me. Yet, we must state and re-state it that our judiciary, our expected Fidei Defensor (“Defender of the Faith”) of justice in the land has disappointed us time after time on matters of electoral justice.
At few weeks back, a SAN (Senior Advocate of Nigeria) who, as we say, did not catch a glimpse of my brake-light in college, I mean secondary school, informed me with great and lawful glee that he is a conqueror of money. He, according to him, at the time he broached the subject, had made above N300m on prosecuting election matters. He said this amount was even small when placed side by side other lawyers and SANs (I am withholding their names) who had made more than billions of naira on election cases. Of course, some of the judges who are aware of what the lawyers make, millions- and billions–wise, and who deliver their rulings and judgments cannot be left out of this nice way of millions-or billions-making.
Many a judge obviously becomes a bosom pal (fides Achaetes) of an election petitioner or his/her opponent. He or she who cares, can research or investigate this claim or allegation as the EFCC is currently doing, I hear. But such a researcher or investigator must look to the end (finem respice) for such an irreversible research or investigation, like the current exercise I have embarked on by doing this series, is risky, very risky. He or she who cares must watch his or her back. But I say: fiat iustitia ruat caelcum (“let justice be done though the heavens fall”.).  We must say no to post-election-rigging via our judiciary-less judiciary.
O Moshood Abiola of the Social Democratic Party (SDP) of yester-years! How your party faithful and top echelon(s) sold you away! How they sold you away to your untoward end! How your victory was post-election rigged via your own men and people who connived with the gap-toothed master of dribbles and Nigeria’s judiciary-less judiciary to do you in!
In a way, Edo State’s PDP (and PDP national as well) are re-enacting the electoral pattern and joke of 1992 that unleashed today’s tragedies in our polity. If you disagree with this simple and humble averment, how do you sincerely, in your true Christian or Muslim or spiritual heart, explain the “Punic treachery” that is the lot of General Charles Airhiavbere today? Why the Punic war that his party has carried or is carrying on with him post-gubernatorial Edo State election? The General is obviously now bearing a double cross (fides Punica), but all men, all persons, including media practitioners of truth and decency must stand for light fide et amore (“by faith and love”). If you cannot, say nothing and send me no text messages or e-mails of abuse and insult of no consequence to my conviction that is ever ready to yield to a superior perspective. You simply must hold your tongue (Favete linguis). I conjure you.
The essay ends, but grant me the indulgence to ACKNOWLEDGE two remarkably pertinent text messages: (1) Sir, your articles on Edo gubernatorial election makes so much sense to the majority of Edo youths, elders and other well meaning Nigerians. Please I look forward to the concluding parts. Though I can’t afford papers daily, I have set aside money to buy Tribune on Mondays henceforth. Omoh Odihiri”; (2)” My big brother, Tony, your write-up about Edo tribunal is very right. God will bless you and your family. Amen +23480332535536.”
My thanks go to numerous others I cannot quote on this matter. I enjoyed your text messages and phone calls, even from detractors, who abused and insulted me for obvious reasons. It is not easy and funny to be a columnist. It is no joke at all - at all, at all, and at all.
Last lines: You can’t reach In and Out on phone for sometime. The penner is outside the shores of the Nigerian Tribune until further notice. But the penner’s lyre will not cease its notes. Thanks, readers dear for your understanding.
NigerianTribune

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