LET THE TRUTH BE TOLD IN EDO STATE PART 2

The court of appeal sitting in Benin City on Thursday 15thNovember, 2012, set aside the ruling of the disbanded Edo State Governorship Election Petition Tribunal delivered on September 27, 2012. In the lead Judgment delivered by Hon. Justice HelenMoronkeji Ogunwumiju, JCA, the three-man court of Appeal ordered that the petition challenging Comrade Adams Aliu(Aliyu)Oshiomhole’s educational qualification to contest for the office of Governor of Edo State be remitted back to the lower tribunal to be heard by another panel to be constituted by the Acting President of the Court of Appeal. In his own judgment, Hon. Justice TomShaibu Yakubu, JCA, in agreeing with the lead judgment said: “In the circumstances of this appeal, I am of the firm and considered opinion that the integrity and credibility of the 1st Respondent, would be better enhanced if the challenge, especially to his qualification as a candidate at the 14th July, 2012 election which threw him up as the Governor of Edo State, were ventilated and thrashed out/settled at the lower tribunal. I say no more”

This unanimous judgment of the Court of Appeal panel thus set the stage for the Comrade Governor to ventilate and thrash out/settle the aspect of the PDP Governorship Candidate, General CharlesAirhiavbere’s allegation of non-educational qualification as a candidate at the 14th July 2012 Governorship election in Edo State. It was a golden opportunity which everybody expected the Comrade Governor to seize but behold, that was not to be. The Comrade Governor as defendant in the petition before the Edo Governorship Election Tribunal closed his case on Thursday 6th December, 2012, without appearing as a witness. His failure to appear as a witness in his own defense took keen watchers of the tribunal proceedings by surprise despite the fact that information from the grapevine has it that he was advised to produce his primary six certificate before the tribunal. To many people of Edo State, his failure once again to clear the air on issues relating to his integrity and credibility pointsto just one simple fact - that he does not have the necessary educational qualification for the office of Governor of Edo State so there was nothing  to ventilate or thrash out at the tribunal.

The only witness produced in court by the ACN with regards to the educational qualification issue, Professor Phillips Agbebaku, at the end of his testimony compounded the woes of the Comrade Governor the more.  Under cross examination by Chief EfeAkpofure, SAN, counsel to General Charles Airhiavbere (rtd),Professor Agbebaku agreed that anybody dropping or adding a name/s to his/her original names ought to back up the change with a sworn affidavit. Though he admitted that Adams Oshiomhole was his classmate at Blessed  Martins Secondary Modern School, Jattu-Uzairue, he could not produce to the tribunal on demand his modern school certificate to authenticate his claim.

I wonder what the Comrade Governor hopes to gain by the conspiracy of silence between himself and his defence team or is he hoping that the Supreme Court will upturn the judgment of the Court of Appeal? In my view, approaching the Supreme Court to challenge the judgment of the Court of Appeal sitting in Benin is further wasting of Edo Commonwealth fund. The Edo State tax payers who are groaning as a result of the pains of excessive taxation should be saved the further burden of allowing their hard earned money to be wasted on needless and senseless litigation. Or am I to believe that the Comrade Governor is using his own moneyto prosecute the case in which he has engaged over thirteen senior advocates, nine for himself and four for the ACN. Oshiomhole came to power through the instrumentality of an Election Tribunal so one wonders why he has suddenly grown cold feet over appearing before the same tribunal that brought him to power four years ago. Or is he afraid of the adage that says ‘those who live bythe guns also die by the guns’.

​My motive for taking my current stand should not be misconstrued for mischief. Rather, it is borne out of patriotic zeal to ensure that those entrusted with public responsibilities are both honest and virtuous. To whom much is giving much is also expected. Like the Benin Court of Appeal noted in its ruling on the case on 15th November 2012, the issue is a matter of “integrity” andTHAT IT TRULY IS. Some of those who reacted to my last piece published in the Nigerian Tribune of Wednesday November 21, 2012 wondered why the Comrade Governor should not be left alone. Accordingly to them, he is both eloquent and articulate as well as being a performer. I do not agree with them. I will like to point out to them that section 177(d) of the 1999 Nigerian Constitution as amended did not specify eloquence, articulate or performance as conditions to be met before contesting elections to public offices. The section was emphatic on the basic minimum qualification to contest public offices. There is nothing anybody can do about it until there is a review of that aspect of the constitution. The position right now is that you either have it or you stay out, eloquent, articulate or performance notwithstanding. Even as at that, the issue of performance is relative when compared to the PDP State especially those in the South South  geo-political zone. We are over orchestrating Oshiomhole’s so called performance because the past governments in the state did not leave behind a template with which to measure such so called performance.

​Apologists of Adams Oshiomhole who are expecting a political judgment from the tribunal will be disappointed at the end of the day because I know that the present tribunal is made up of virtuous and honorable members who cannot and will not allow themselves to be compromise for any reason and by anybody no matter how highly placed the person might be in the society. The tribunal I am sure will give the people of Edo State a legal and judicial judgment based on facts and documentary evidences and not a political judgment based on sentiment as apologists of the Comrade Governor are hoping. Truth and justice might crawl slowly but steadily from darkness to light but with time they come out triumphant. In Edo State, time will definitely tell but the truth like a sore thumb will surely come out. When I reflect on happenings in the State for the past five months, I remember with nostalgia two of my favourite novels written by the legendary James Hardly Chase: GOLD FISH HAS NO HIDING PLACE and THE WAY THE COOKIE CRUMBLES as well as Jimmy Cliff’s song the HARDER THEY COME THE HARDER THEY FALL.

Hon. Osaze Jesuorobo

Hon. Osaze Jesuorobo is journalist and a public commentator based in Benin City.