Edo election tribunal and Nigeria’s judiciary-less judiciary (2)

 by Tony Afejuku 

AS far as this matter of the Edo gubernatorial election petition is concerned, In and Out must be humble enough to do justice to the dramatis personae, which must include the judiciary itself. But this justice can only be dispensed with all our united powers, that is coniunctis viribus. The media, the plaintiff and defence, and the public at large, including our traditional institutions should harp on the need to do undiluted justice on this matter. Cui bono? (“Who stands to gain?”). The masses and their friends, and our fatherland.
Indeed, for the sake of posterity, and of our dear, dear fatherland we must for once, in our part of Nigeria, let the ruling on the alleged certificate forgery petition against the Comrade-Governor enhance our thoughts on the need for civic and political justice. De bono et malo (“Come what may”), we must endeavour to use this petition to rescue justice, noble and fertile justice, from the jaws of curious justice. The Nigerian judiciary must not only give justice; it must also be seen to be giving justice that is not dubious at all times. Unfortunately, this country has for quite sometime, beginning some decades back, been witnessing  justice without tastes. In fact, the motto of the Nigerian judiciary now seems to be something likes this: “There’s no accounting for tastes” (De gustibus non est disputandum). If not, why this now famous phrase quoted time after time in mockery of the Nigerian judiciary: “Sentenced but not convicted”? Why this famous phrase which now famously belonged to the Nigerian judicial lexicon and jargon?
Let me make it clearly and abundantly obvious that I am not saying (and I have not said) that our Comrade-Governor is guilty of certificate forgery as General Charles Airhiavbere alleged in his petition. What I am saying (and have said), which needs reiteration here is that such a grave allegation now in the open consciousness of the masses and that of the teeming supporters of Mr. Adams Aliyu (or Aliu) Oshiomhole needed (and still needs) to be tackled on its merit or lack of it in open “ court”.
The Edo election tribunal ought to be that open” court” of first instance. Rather than striking it out, the tribunal ought to have accepted the petitioner’s plea to hear it. Unless there was more to it, Mr. Oshiomhole himself ought to or should have allowed it to be taken, heard and addressed squarely there and then. Unless I am suffering from a deception of vision (deceptio visus), I don’t see how the High Court, which the Edo tribunal has asked or advised the petitioner to go to argue his case of alleged certificate forgery against the Comrade-Governor, can decide the matter expeditiously and Dei Gratia (“By the grace of God”).
For one thing, the Nigerian judiciary as it currently is, is God-less and has no direct access to the Divinity. But I have heard from two reporters covering the tribunal’s proceedings that the petitioner has appealed the ruling, as I posited here in my first instalment. It is gratifying and gladdening that he has done so. But let me aver here and now, as follows: until the present Chief Justice of Nigeria sets machinery in motion to cleanse and revolutionise the judiciary, nothing tangible may happen positively for the petitioner. But I like his choice, which is to choose the lesser of two evils (de duobus malis, minus est semper eligendum). Certainly, going on appeal rather than going to a High Court is the lesser of two evils. I don’t know the grounds of the appeal and the legal foundation on which it is being erected. But it is worth a try. After all, there are still some angels in the judiciary. Am I contradicting myself? Don’t put any blame on me. Nigeria itself is full of countless contradictions.
A few days ago, University of Benin off-loaded (pardon this phrase) 146 or so “students” who allegedly forged certificates to gain admission into its portals. Many of the alleged cheats were in their final academic session. How they beat the system to get that far is anybody’s guess. But evil always somehow inevitably meets its waterloo that must halt and apprehend it. Of course, in an institution headed by a Vice-Chancellor who one day posterity shall remember with a wholesome and welcome nostalgia as “The Oshodin of UNIBEN”, no certificate forger can escape the furnace of justice. Did UNIBEN need to wait for a High Court of our judiciary-less judiciary to terminate rightly the “studentship” of the fake students?
A role model such as the Comrade-Governor is to teeming students in the land should not be seen or heard to be an exam or a certificate cheat. If gold should rust, what will iron do? But any human-being can go off board or do wrong anytime or once in a while. We can and will understand if this is the case in the current circumstance. But the Comrade-Governor must speak up, and if the masses and their friends desire it, he then can resign with full or un-full benefits as the masses and their friends who once-upon-a-time saw and accepted him as their idol may so deem fit to say. But that is if our Governor-in-the-news thinks the petitioner is right and admits it ianuis clausis (“behind closed doors”) with his commissioners and party’s top echelon(s). If not, justice then must take its full course. I believe that this ought to be so, for justice is the heart and soul and nerves and brain of any nation and of any institution including our current judiciary-less judiciary. When justice dies, everything dies.
Not long ago, there was a report that the President or so of Hungary plagiarised his doctoral thesis. This happened well before an election which he won to be the President of his country. He has since quit office via the open and transparent door of resignation. This is part of the responsibilities and hallmarks of a responsible leader. Accept your error and move on, dear Comrade, if truly you have erred. After all, humanum est errare (“to err is human”). Don’t wait for the die to be cast in the Court of Appeal. Now let me quote a text message from an ardent reader of this column who initially did not quite see eye-to-eye with me when I began to let my pen speak on this matter: “Re-Edo election tribunal…. I didn’t know before now that the allegation by the General against Oshiomhole’s victory was as grievous as certificate forgery! And that your judiciary, the last hope, should be condoning IMPURITY! I am disappointed with the failure of the judiciary to COMPEL the Governor to produce whichever certificate is in dispute. Lanre Oseni.”
Anybody who loves justice must shudder at the ruling of the tribunal on this matter of alleged certificate forgery, which borders on pre-election rigging, I repeat and repeat and repeat. But why I am truly interested in this matter? Answer: Ducit amor patriae (“Love of country guides me”). For what legacy will our children’s or youths’ models and heroes leave for them, after all said and done? All men of honour must be prepared to stand for the fatherland whose positive values we must at all times protect. We must imbibe the lesson of duke et decorum est pro patria mori (“there’s no greater honour than to die for one’s country”.) Does our judiciary-less judiciary want us to have anything to do with this lesson? All great Nigerian students and true friends of the masses are waiting to imbibe this lesson, whether Nigeria’s judiciary-less judiciary is committed to its import or not.
And do I dislike the Comrade-Governor? No. Do I have any problem or any quarrel with him? No. And is the General, the petitioner my friend? No. Am I a politician? No. And am I a judge? No. Who am I? I am a humble Nigerian Tribune columnist, critic and writer committed to attacking pre-election abnormalities, election-in-progress ailments and post-election stench and rottenness in the Nigerian polity. The state of Denmark is rotten. Nigeria is that state of Denmark, O Hamlet!
(To be concluded next week).
NigerianTribune