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Will Ogebe And His Crew Fire Yar' Adua By Anthony Okosun The elections held in Nigeria on April 21, 2007 were blemished and deeply screwed up. Nigerian politicians however, very carefully and maturedly handled the post election crisis. They avoided the danger of allowing the current flawed elections issue to get out of hand. The refused to play into the hands of politicians in uniform. All the differences have so far been subjected to review within the confines of the law. No politician has detoured to extra legal nor extra judicial solutions. The whole world was deeply disturbed by the depth of the rigging, the ill-preparedness, deliberate subvertion and most curiously and oddly the choice of the two main presidential candidates to participate in the elections, as the mother of all rigged elections did not spring any surprise on the any of the contestants. The former president Olusegun Obasanjo made it clear on several occasions, that the elections would be by all means. Before the presidential elections were conducted, there was great maelstrom, turmoil and tumult over the conduct and the massive irregularities that flawed the governorship elections. The Domestic Election Observation Group, a collection of Nigerian monitoring organisations called for the elections to be annulled. The European Union's chief Observer Max Van Dern Berg declared "The process could not have been credible" Even the U. S.. State Department spokesman Sean McCormack had this to say "These were flawed elections, in some cases deeply flawed elections". Nigerians must recognise the maturity demonstrated so far by all parties to this saga, who at all times showed much love for their fatherland, by not turning themselves into busy bodies and overheating the Nigerian polity, which could have annihilated our nascent democracy, and possibly turned Nigeria into another Lebanon, Iraq, Sudan or Yugoslavia. Though, the opposition claim, they were robbed at the polls, yet they juxtaposed their call for justice and fairness with the need to preserve and nurture the Nigerian political project. The two major contenders aside from the alleged winning candidate, had the opportunity to observe the depth of rigging and collateral irregularities that bedevilled the governorship elections and still believed in the integrity and bona fide avowal of the Nigerian judiciary to conduct a free and fair judicial review of the presidential elections, should a review become necessary. Thus it is now germane, apropos and kosher for all judicial and quasi-judicial bodies reviewing these flawed elections to properly utilise the profound opportunity offered through the instrumentality of judicial review to impartially and with the fear of God, do justice and equity in all the matters brought before them, especially, the presidential elections. Though, the fixed and variable factors that propel candidates to victory in elections, all favoured the candidate Umar Yar' Adua. He was sponsored by the most sophisticated and most formidable party machinery. The PDP machine is a behemoth whose massive tentacles spread throughout the nooks and crannies in every unit across all the local government areas in Nigeria. By virtue of the fact that he was sponsored by the incumbent ruling party he had the largest financial resource to oil his campaign and execute his strategies. He had the best reputation among the major three candidates, before the elections. He was relatively unknown. Just as we did not know the good things he did as governor of Katsina state, we equally did not know of his minuses neither. Before the elections he was generally perceived as God fearing, disciplined, humble , loyal, peaceful, gentle, well -educated, well-bred, incorrupti ble ex-marxist - leninist. However, despite all the hereinbefore, listed good points, in President Yar Adua's favour, the fact remains that if the if the elections were rigged, they were rigged. It is my sincere belief, that because of the fact that we have all had a taste of the military. Nobody is desirous of a throw back to the Abacha years . All the fighting is been done in a highly civilise manner. The Election Tribunals and the Superior Courts have been the theatre of conflict resolution. INEC and the Presidency must respect all rulings, judgments and orders. Where fresh elections are recommended or ordered, INEC must comply immediately.The long suffering, impoverished, good and peace loving people of Nigeria do not want an ominous cloud of fear of coup or civil war hanging over their heads. President Umar Yar Adua and others in government, including all political leaders should work assiduously with determination and passion to diffuse any tension in the land and ensure that no enabling environment and atmosphere is created for those who would want to derail Nigeria's democracy through the instrumentality of force and coercion. Justice Ogebe's very good reputation goes even much further and farther before him. The good judge and his crew, must use this historical opportunity offered by the instrumentality of Judicial review to establish a good, solid and long lasting foundation for Nigeria's democracy. Judicial Review was first adumberated by a former American Chief Justice, John Marshal in the globally celebrated case of Marbury V Madison. In that case the United States Supreme Court struck down an Act of the United States Congress, for being inconsistent with the United States Constitution. Alexander
Hamilton a reverred American lawyer and political Philosopher in his
efforts to persuade the people of New York to ratify the United States
Constitution wrote "There is no position which depends on clearer
principles,than that every act of a delegated authority,contrary to the
tenor of the commissioner under which it is exercised is void.No
legislative act[executive],therefore contrary to the constitution can be
valid..To deny this,would be to affirm that the deputy is greater than his
principal." All the
gladiators went to the judiciary as the temple and last bastion of hope
and justice. Ideally the judiciary is a repository of
wisdom,understanding and insight.The ball is now where it should be.. The
gladiators have decided to act within the norms of civilisation and
decency. They have chosen not to take the laws into their hands but to
seek legal redress. Nigerians and indeed the whole world must be
interested in this legal combat and the up coming decision therefof. Justice and his brothers in the Election Tribunal are people of honour and integrity, and as much as it is tempting to address, the subject matter of globally awaited landmark judgment on it's merit, I know, I cannot do that as the matter is effectively subjudiced. However, it is within my civil jurisdiction as a humble Nigerian to air my neutral and patriotric opinion and remind the tribunal as a cyber amicus curiae of the duty of fairness that they owe to all Nigerians. The doctrine of Appearance of Fairness seek to promote the elimination of actual bias, prejudice, improper influence or favoritism, but also in the curbing of conditions which by their very existence, tend to create suspicion, generate misinterpretation, and cast a pall of partiality, impropriety, conflict of interest or prejudgment over the proceedings to which the relate. |