PeeCeeJay By Jideofor Adibe Beyond the
Tribunal Ruling in Taraba Governorship Election Email: pcjadibe@yahoo.com Twitter: @JideoforAdibe Few
election tribunal judgments in recent times have engaged the Nigerian public
as much as that of the Taraba State Governorship Election Tribunal, which not
only sacked Governor Ishaku of PDP but also ordered
that the APC candidate Jummai Alhassan
be declared the winner. According
to newspaper reports, the Tribunal which sat at the Abuja Division of the
Court of Appeal, in a unanimous judgment by a three-man panel of judges
delivered by Justice Danladi Abubakar
on November 7 2015 ruled that Ishaku was not validly
nominated as a candidate of the Peoples’ Democratic Party and as such was not
in the eyes of the law a candidate in the April 11 Governorship election in
the state. My
aim in this piece is not to interrogate the legal basis of the ruling – as
this is a matter for smart lawyers versed in election petitions – but to call
attention to salient issues raised by the judgment. Let
me start by saying that the Taraba Governorship election, which was held on
April 11 2015, was one of the most watched in the country. One of the reasons
for this was that the race pitched a professionally accomplished woman, Jummai Alhassan, whose photo
radiated grace and friendliness against a man – a man with rough hewn features for that matter. The latter amplified
the perception of the race in some quarters as that between a female underdog
who wants to break the societal glass ceiling for women in politics and
another representative of the men folk who wants to perpetuate the status quo
and its privileges in our largely patriarchal society. When INEC declared
Darius Dickson Ishaku of the PDP the winner of the
election despite the expected bandwagon effect of Buhari’s
victory in the March 2015 presidential elections, some of us concluded that
the outcome was a triumph of tradition and the religious politics in Taraba
State over the APC’s change mantra. Nearly
six months after the APC came to power as the ruling party, the judgment of
the Taraba State Governorship Election Tribunal in conjunction with a few
other developments in the country raise a number of vital issues: One, though the APC has had a few of its State
and National Assembly seats nullified by election petition tribunals, an
overwhelming majority of the election
petition casualties seem to be the PDP – from Rivers States to Akwa Ibom and Taraba States. Earlier the Elections
Petitions Tribunal sitting in Jalingo had nullified
the election of the Speaker of the Taraba State House of Assembly, Abel Diah, of the PDP after concluding that voting in eight of
nine voting booths in Mbamga constituency were
marred by enormous irregularities. The judgment put Emmanuel Bongo of the APC
in the lead with 1,440 votes. The
subtext of the preponderant nullification of the election of PDP candidates
is that the APC candidates occupied the moral high grounds in the last
election or that they were averse to rigging and manipulation of the
electoral process or that they were recruited from another planet. This is
difficult for me to accept. I have always believed that while both parties
have a few people of integrity, there is no substantive difference between
the two parties in their approaches to elections and perception of public
offices. While it is the right of any
candidate who feels that he or she was cheated out of victory to seek redress
in the election tribunals, my fear is that the preponderant nullification of
the election of the candidates of the PDP may create an image crisis for the
Nigerian judiciary, which will then undermine the Buhari
regime’s war against corruption because a key prerequisite for the success of
that war is a perception that judgments obtained in our courts and tribunals
are truly blind and are not influenced by any extraneous considerations. Two,
in my column last week, I raised the question of what I called the ‘tyranny
of Buhari’s body language’. I was concerned about
the tendency of many otherwise sleepy public entities to suddenly wake up from their deep slumber
and mete out punitive punishment on whoever they can lay their hands on - to
convince the president they are on the same page with his no-nonsense image. Buhari’s body language – a cue that undesirable actions
will have consequences - is largely beneficial and in fact the key social
capital of the current government. However just as any policy has unintended
consequence, a body language, being a mere cue, could be misconstrued or
abused. While I am not suggesting that
the judgment of the Taraba State Governorship Election Tribunal necessarily falls
into the instances I enumerated last week as the ‘tyranny of Buhari’s body language’ it seems to me there is so much
fear of Buhari among public officials that you
cannot rule out either miscarriage of justice or punishments meted that are
disproportionate to the alleged offence. Largely because of this I feel there
is a need for the presidency to deliberately calm many panicky public
officials and let them know that they should do their work as their
conscience permits and not out of the fear of Buhari.
Fear is not a sustainable tool of administration. Three,
the numerous victories of APC candidates over their PDP counterparts remind
one of the defunct Action Congress of Nigeria (A.C.N.), the most senior
partner in the amalgamation of some legacy parties that formed the APC. The
A.C.N. appeared to be a specialist in using court processes to secure
victories for its candidates. In the 2007 elections for instance - the Action
Congress of Nigeria won only Lagos State but used court processes to win
three other states – Ekiti, Edo State and Osun
states. Remarkably these victories were won under a PDP federal government.
Depending on where you stood in the political divide, the A.C.N leadership
was then seen as either savvy in using court processes or had the judiciary
in its pocket. With the leadership of the defunct A.C.N still part of the
leadership of the APC, it will be unfortunate if old insinuations about the
A.C.N’s use of the
courts are resurrected to de-legitimate the Buhari
government. Four,
Taraba state deserves peace. Since
former Governor of the State Danbaba Suntai escaped death in a plane crash on 25 October 2012
and subsequently became brain damaged, the state has hardly known peace
because a cabal around him prevented an orderly transfer of power to his
Deputy and later Acting Governor. Many saw the 2015 elections as a chance for
a new beginning for the State. Now we read from the Guardian of November 9
2015 that over 30 people have been killed in Wukari
Local Council of State in upheavals that trailed the Taraba State Governorship
Election Tribunal ruling. With Boko Haram in the northeast and agitations for
Biafra in the southeast, the government certainly does not need another
flashpoint in the country. Five, the upturning of so many election victories indirectly plays into the hands of the PDP as it raises questions about the conduct of the last elections, whose relatively peaceful nature, have led some people to hyperbolically call it the ‘freest and fairest’ in the country, with Professor Jega and the card readers often specially decorated. It also raises the question of why the APC seems to be contesting the outcome of nearly all the elections where it was not declared the winner. With Governor Fayemi’s concession of defeat to Fayose in Ekiti in 2014 and Jonathan’s concession to Buhari in the March 2015 presidential election, many hailed an emerging new culture of losers conceding defeat. The APC must not give the impression it wants to negate that emerging culture. |