Judicial Theft of the Adamawa Mandate

By

Babayola Toungo

babayolatoungo@yahoo.co.uk

 

Adamawa people have had their temporary parole revoked by the Court of Appeal sitting in Jos.  When the Justice Kashim Zanna Tribunal nullified election result in fourteen local governments in Adamawa state in the 2003 gubernatorial elections, there was unrestrained jubilation and a feeling of de javu by the generality of the populace, who had been living dead under an administration that is insensitive, ineffective and inept to the wishes and aspirations of the citizens.  The ecstasy with which the populace received the Justice Zanna Tribunal verdict suddenly got dampened by the Jos fiasco.  The generality of the people wore forlorn faces immediately they heard of the judgment on July 5th.  Yola, the Adamawa State capital resembled a town in mourning.

 

This is a government that is a reference in maladministration, ineptitude and insensitivity.  A government that rode on an unrestrained wind of goodwill that it squandered within the first two years of governance.  The electorates were only waiting for the elections of 2003 to show them the way out.  This, they did by voting overwhelming against the PDP government of Boni Haruna, but they refused to go.  Fantastic results that may sound to a visitor to Nigeria were declared.  Places like Dumne, where communal violence occurred just before the elections and about ten villages were wiped off the face of the earth, returned 100% results.

 

The image of the judiciary that has been battered since the advent of this administration got uplifted by the courageous decision of the Zanna Tribunal to nullify the results in fourteen local governments based on the evidence presented before them.  Many people thought the judiciary was on the way to finding its feet and independence.  We may never know whether the Vice President’s bombasts scared the Appeal Court Judges to give the judgment they gave.  In the aftermath of the lower tribunal’s verdict, the Vice President promised Justice Zanna and his co-panellist in particular and the judiciary in general thunder and brimstone.  That the verdict was a personal affront to him, as if he was a party to the ANPP petition.  He threatened to slap and even beat the poor judge.  The Vice President reduced himself to incoherence in his ranting and was infact a subject of derision.  Now that he got the judgment that he likes, the Vice President is suddenly singing a new song, celebrating the Nigerian judiciary as the best in Africa !  Indeed it is, but only according to Atiku’s base standards not the civilised Nigerian society’s.  See the the quality of those that purport to govern our lives?

 

But one thing you can’t take away from the lower tribunal was the fact that it delivered its judgement with its head held high and in the process raised by a notch the entire judiciary’s integrity nationwide.  A judiciary that people came to associate with the likes of Justices Wilson Egbo-Egbo and Stanley Nnaji.  Justice Zanna and his co-panellist appear as a silver lining in a rather darkening judicial horizon and now they have been frightened by the Vice President’s and by extension the PDP’s boorish reaction.  The generality of Nigerians had lost confidence in a judiciary that made it possible for Wabara, who did not contest elections to become the third in line of succession as Senate President; a judiciary that would cause a state governor lose his security detail in a spurious case presented by a paid agent. 

 

It is within this environment a Zanna Kashim sprung from the Borno judiciary as a Daniel come to judgement.  The vituperations rained on him by the Vice President and the entire PDP leadership of Adamawa state was enough to scare his brother judges at the Court of Appeal to reverse his judgement.  How sad.  The Zanna tribunal gave its ruling based on the evidences presented before it and it is widely acknowledged that there was no election in Adamawa state during the April 2003 elections.  What happened in Adamawa was more or less political terrorism where all stops were pulled and gloves removed by the security agencies, INEC and government agencies to ensure that the PDP was returned to power irrespective of the wishes of the electorate.  There is nowhere apart from may be the south – south and the south east where elections weren’t held, that the electorate were really short-changed than in Adamawa.  And this is what the Appeal Court upheld.

 

It is now safe to say that the ANPP with a petition before the Presidential Elections Petitions Tribunal could also tread the path of threats and brigandage if the tribunal delivers any judgement contrary to the expectations of the party.  The emerging trend appears to be the PDP could not lose any election in Nigeria – if they lose at the ballot box they could easily win at the courts.  Or if any Judge is “foolish” enough to uphold his oath of office by doing the right thing, then he should be prepared for verbal assaults from the powers that be.

 

I would strongly advise the ANPP and its Presidential candidate, General Muhammadu Buhari to guard their loins against this type of judicial ambush.  The Nigerian judiciary has proved to be an establishment bootlicker, so for the party or its candidate to think they could get justice from the courts will tantamount to fantasy.  If the tonnes of evidence presented by the Adamawa state ANPP gubernatorial candidate in his petition could be regarded as no more than “trash” , then I see no way anyone seeking for justice in a Nigerian court should expect it or even hope for it.  Left to me, anybody with a prayer in any court in the country should, as a matter of urgency, withdraw it.  It appears our courts are meant only for the protection of the likes of Chris Ubas of the land.  The judiciary is only interested in making Obasanjo and the PDP happy; if the PDP ask the judiciary to jump, it only asks how high.

 

Nigerians are in trouble and being saddled with a government that would not go no matter how many times it ha s been voted out of office and by how much million votes.  We may have to pray for divine intervention to be free of these insensitive men and women in the corridors of power masquerading as leaders.  Surely, when those who, by brute force have arrogated to themselves the power to preside over our affairs now join forces with those who have the responsibility to protect us from tyranny and injustice, and continue to trample on our rights and socio-economic well being, for them there is only one-way ticket to Mutually Assured Destruction (MAD).  May the good Lord deliver us from the strangulating hold of these criminal politicians and their judicial mercenary collaborators.