THE judiciary is so far
confirmed by all and sundry as the defender of democracy and the rule of
law. Many landmark judgements saved democracy from collapse. But some
politicians in Yobe state are abusing the process.
Abuse of judicial process is a conduct most judges frown at. In fact,
the Chief Justice of Nigeria and the Chairman of the National Judicial
Council (NJC), Justice Idris Kutugi and his predecessors often impose
sanctions. Some politicians in Yobe State have not learnt any lesson
from this new regime of judicial discipline.
When the People Democratic Party (PDP) attempted a fresh suit in the
case of Senator Ifeanyi Araraume already decided by the Supreme Court,
it was promptly struck out on the ground that the fresh application
constitutes an abuse of judicial process. The counsels were reprimanded
that day. A very worrisome development which the judicial authority
should take note of is the controversy over the gubernatorial candidacy
of the All Nigerian People Party (ANPP) in Yobe state.
An expelled member of the party, Senator Albishir who was also a former
governorship aspirant of the party in the state is guilty of bare cased
manipulation and abuse of judicial process. The National Judicial
Council (NJC) and the highest court in the land should take note of the
following abuses which should not be allowed to continue. While it is
right to seek judicial redress, it is unacceptable to play hide and seek
with clearly stated judicial rules.
The first rule is that cases can be filed either in respondents or
plaintiffs’ place of abode. It is not allowed for a case to be taken
outside the abodes of the two stakeholders. Senator Al-Bishir breached
this code by filling his case in Kaduna.
The judicial authority in that state should have rejected the
application. Somehow against the directive of the new national
leadership of the judiciary, manipulation ensured that hearing took
place under the most unfair of circumstances.
The second breach is equally fundamental. The same case in substance and
form already before a court of competent jurisdiction should not be
taken to similar court of coordinate jurisdiction. What is allowed is an
appeal from a lower to higher court. In this case, Al-Bishir filed the
same case at three high courts in Abuja, Maiduguri and Kaduna. In each
case, the Senator jumped from one court to the other once he discovered
that the outcome is not likely to be favourable.
The senator first filed his case at an Abuja High Court on February 8th
this year. On 19th February, he hurriedly filed a withdrawal and Justice
Binta Nyako struck out the case. No convincing reason was adduced.
Suddenly, the Senator surfaced in Maiduguri and on February 21st, filed
the same case before Justice Adamu Hobon at a Maiduguri High Court. The
same case was the subject matter – An attempt to obtain a court order to
stop his being replaced as ANPP guber candidate for the April 14th
polls.
Justice Hobon in his ruling rejected the application for interlocutory
injunction filed by the Senator. The judge noted that “nomination,
sponsoring and changing candidates and submission of list of candidates
the party proposes to sponsor to the electoral body for elections is
purely vested exclusively in political parties and never any other body.
“The court or the commission or any other body cannot question the
decision of that political party. In fact, by Article 14.3 (IV) of the
2nd Defendant/Respondent’s “ANPP” Constitution, state congress of the
party elects candidate for gubernatorial elections and any disagreement
therefrom shall be referred to National Working Committee of the party
and not to the court.
“And by Article 24.2 (X) there-off, filling an action in court of law
against the party on any matter relating to the discharge of the duties
of the party without first resorting to the avenues for adjudication
provides for in its constitution is an offence against the party and
fair hearing contemplated means within the party avenues.
“This follows that since this application is rooted in the substantive
case in which on the face of it, this court lacks jurisdiction to hear
and grant any of the principal reliefs, the interlocutory application
naturally fails by reasons of absence of jurisdiction in the court:,
Justice Hobon noted in his final judgement.
The Senator’s failed bid in Maiduguri was with a drama as the case was
filed secretly with the party unaware and with a counsel allegedly
standing in for the party. Despite this antics, the Judge struck out the
case’.
Then, Albishir rushed to Court of Appeal in Jos. Suddenly again, he
withdrew the appeal and headed for Kaduna. Instead of going to the Court
of Appeal, he went to the High Court to file the same case on which
judgement has been delivered in Maiduguri.
The interlocutory injunction he failed to get from a Maiduguri High
Court, he now controversially secured in Kaduna a day after Senator
Mamman Ali, the party candidate and governor-elect applied to be joined.
The NJC ought to probe the circumstance under which the injunction was
granted.
Now, the third breach is that a matter in which a judgement has been
delivered has been reopened in another court of equal jurisdiction. The
Maiduguri judgement has not been vacated by any appeal court and the
reasons it gave for the verdict remain the basis upon which the party
leadership acted.
By going to Kaduna which was neither the plaintiffs nor the defendants’
abode to get a fresh judgement on a case already decided upon, Al-Bishir
has not only abused Judicial process and ridicule the integrity of the
courts, he has also rendered himself legally bound by the Maiduguri
judgement which has not been upturned by any court of law.
Two judgement now exist. The first one is that of Maiduguri filed at the
right place, heard in a normal court process and with a judgement still
subsisting. The second which came after that of Maiduguri is from the
wrong place, under wrong jurisdictions and under abnormal proceedings
and procedures.
The curious thing is that when attempt was made to upturn the illegal
injunction due to its breach of rules of the court, a desperate attempt
was made to sit on the appeal until a new court took over the case.
Discharging the illegal order is a duty that need to be done to restore
the integrity of the courts.
But what exactly is the former ANPP member trying to achieve by abusing
the judicial process as clearly spelt out above? His argument was that
the substitution of his name as the ANPP candidate was wrong and so the
party should be restrained.
The Maiduguri judgement cleared this aspect as to the right of parties
to sponsor candidates for positions and the need for aggrieved members
to seek redress from the National Working Committee. That judgement
subsists.
But there are matters arising from the above. Why was Al-Bushir dropped?
Now the records are clear. The parties have the right to ensure that
all qualification criteria in the constitution are complied with. If and
whenever the party discovered any short coming in the records of any
candidate especially before election, substitution can be effected. The
ANPP Constitution grants that authority to the party leadership.
The second issue is about fair hearing. An aggrieved aspirant can
dispute his or her substitution through a petition to the party’s
National Working Committee – which will now conduct hearings and then
give final ruling. That is what is called exploiting all internal
remedies. As noted by the Maiduguri judgement, the penalty for not
exhausting internal remedies is expulsion from the party.
In the case of Al-Bashir, he breached this rule and now stands expelled
from the party. By not petitioning the working committee and by heading
straight to the courts after the substitution of his name as candidate,
he complicated his own case and rendered his claim to the ANPP ticket
null and void and without any legal foundation.
From the proceeding, the ANPP acted to safeguard its electoral interest.
Doing otherwise would have amounted to allowing the PDP to grab the
state through the election petition tribunals. And the judgement of the
ANPP leadership was right. At the April 14 governorship race, Senator
Ali who replaced Al-Bishir beat the PDP candidate by a very wide margin,
leaving no one in doubt that he is truly the people’s choice.
Yes, the peoples’ choice. This is because what happened during the ANPP
primary itself was a crime against democracy. Extreme intimidation,
assassination threats, camping of delegates outside Yobe State and
extreme monetisation, all combined to produce a false winner. The
primary would have been cancelled as it breached all rules of ANPP.
The reality is that it is hightime the abuse of judicial process by Yobe
politicians stopped forthwith. The defeated PDP candidate, Adam Waziri
almost turned himself into a court bailiff recently when he went on air
to complain that the governor-elect has not made himself available for
court service. Waziri ought to know what to do if Ali is not available
in Damaturu and Potiskum.
In any case, is the former PTDF boss not aware that the man who
defeated him is still a serving Senator in Abuja. Incidentally, the day
Waziri complained of court service was the second day when the Senate in
which Ali is a strong member, cleared him (Waziri) and Obasanjo of
wrongdoing in the PTDF mess. That was Waziri’s way of thanking Ali.
Many also thought Waziri should know that Ali is a member of the ECOWAS
parliament. That legislature has commenced its sitting on Monday and on
Tuesday, Ali as the chairman of its finance committee, is to deliver his
report before taken his leave from the regional parliament.
All the preceding details were given to confirm that in Yobe, some
politicians were only out to ridicule the judiciary. This is why one
thinks the National Judicial Council should come in.
Any Judge who compromise the course of justice either by induced
judgements or deliberate violation of judicial procedure should be
sanctioned whether there is a petition against him or not. Such
pre-emptive action will dissuade those collaborating with some Yobe
politicians from continuing with such disservice to the rule of law.