Presidential Election Appeal

Presidential Election Appeal- The Judiciary On Trial

Shehu Yakasai

Within the next couple of days, Nigeria will once again mark another mile stone in our quest for the enthronement of genuine democratic culture and good governance. So far our attempts have been anything but painfully disappointing, frustrating and highly dubious. The spectre of anarchy and civil stripe, borne out of the state of hopelessness, of the hitherto enthusiastic electorate, yearning for a new lease of life, still looms in the air. It seems the last chance to avert a descent down that route lies with the case about to be decided by the learned Justices of the nations supreme court. Unfortunately, even the Judiciary is not bereft of its own share of corrupt and unpatriotic elements, who so far have been having a field day. Where as the supreme court still enjoy some degree of respect and confidence, from the citizenry, especially with the current leadership, and in the light of some land mark judgement they passed such as regarding the Anambra and Rivers states gubernatorial election cases, and despite the damage done by the political verdict under former chief justice Uwais following the 2003 presidential election . There is still palpable fear that once more, there is a possibility that the apex court judges have also been compromised. This concerned is further heightened by the actions or inactions of the current usurper government and its cronies, who seem to either be bluffing in order to intimidate the learned justices, or they have been assured of a favourable outcome ,as alleged by some known previously reliable sources.

The appeal court arm of the Federal judiciary under its current leadership has been thoroughly discredited, has become the laughing stock of our justices system, and nobody expect nor believe any of its judgements. Justice from Umaru Abdullahi led appeal court is for the highest bidder, and in Nigeria today that is the PDP. People go there merely for going sake, but not because they expect any justice. The only successful appeals that PDP did not emerge winners, were the one decided by the supreme court. This inglorious journey of our appeal courts started with 2003 election, initially with what people thought were isolated cases by corrupt elements in the system. However, with the presidential election verdict, it became obvious there were serious problems with that important arm of our nations judiciary. One of the judges who sat on appeal then was recommended for elevation to the apex court on account of his role legalising the rigged presidential election in favour of OBj. The same thing happened this time around, when it was the chair of the panel himself that was rewarded with promotion to the apex court. Other judges then and now where fabulously made rich on account of their roles. The appeal court now under Umar Abdullahi is now institutionally corrupt. It is alleged these days these new class of judges in our judiciary now spend their holidays on exotic Islands like Jersey, Isle of Wight and other expensive holiday resorts, only frequented by noveua rich in show business, money launderers, drug barons and other tax exiles, where they rub shoulders. No wonders our woes keep mounting.

Either because they enjoy protection at the highest level, or they are certain our war against corruption under the current dispensation is only a charade, these judges are no longer afraid to flaunt their ill gotten wealth. The few who initially heeded Justice Kutigis warning to shape up of be shown the way out, must now be regretting, and certainly those with still pending cases are all smiling to the banks. The most amazing thing is for now , they appear to be getting away with it. How and who will reprimand them with what happened in Sokoto, Kebbi and David marks Cases, where Umaru Abdullahis hands were all over visible. Judges now seem to be drawing their inspiration from him, rather than from Kutigi.

The legalisation of the carnage in 2003 by the judiciary under the leadership of justices Uwais and Umar Abdullahi is what brought us to where we are today as nation. Their decision was not a judicial one, but a political one, and it was said to be in the best interest of Nigeria. Yet, those last two years of the entire eight years of OBj as a civilian dictator were his worst. What a judgement. The most frightening thing is they all got away with it. Uwais is now rewarded with the chairmanship of a very important commission to reform our electoral laws, and Umar Abdullahi is sitting pretty , and waxing stronger, and appears to be the main man running the show in the judiciary.

Four times, within the last four years Justice Abdullahi was required to intervened in major and critically important issues that have profound implication on the future well being of this country , and in all four cases he couldn't deliver. The first was the 2003 presidential election appeal case. It took him two years to make up his mind which way to go, but once he made up his mind, it appears there is no going back. Not only did he got away with it, there was ample reward for all collaborators as well. The second was Atiku's case, as to whether OBj had the power to sack him as the Vice president. Initially he didn't want to touch the case, and simply forwarded the file to the apex court. Unfortunately, there was a new man in charge, Kutigi, and had no choice other than to deal with the issues, and in line with the thinking of the rejuvenate apex court. The third again was when he declared in a judgement that INEC has the power to disqualify Atiku, only to be reversed by the apex court. The fourth, was the 2007 Presidential election appeal case, which he handed to another susceptible Judge, desperate to make it to the apex court, and instead he operated from behind the scenes. The rest is now history. Justice Abdullahi now, if all the allegations against him are proven true would have become the embodiment of all that is reprehensible in our judges, and will surely leave a legacy of having institutionalize corruption in our judicial system.

Elements in the judiciary in concert with like minded accomplices in the security agencies and INEC have now constituted an axis of evil to thwart our efforts at establishing genuine democratic culture. These unpatriotic elements have continued to deny us our constitutional rights to freely elect our leaders and representatives at all levels of government. The consequence of this is this charlatans masquerading as our elected leaders are not accountable to us, but to themselves and of course those who help put them there. They all have converted our treasuries into their personal bank accounts, to do as they wish with impunity. With this state of affairs, it wasn't surprising therefore to see that many of us have gone from prosperity to poverty, while those in and close to government have gone in opposite direction. whereas some have even gone under, others around the government have move from prosperity to even greater prosperity all at our expense. And with Farida in charge of EFCC, it appears we may have to start our fight against corruption all over again, another time.

Unless we have leaders elected by us and who are accountable to us , nothing will change. We all know Yar'Adua did not win the election, as there was no election, because OBJ and PDP did not plan , no did they conduct any. It is only under an unelected government like OBJ's , that you will just prior to a major election that massive no of public workers will be sacked, increase fuel price, deny them power supply, and fail to ensure security of life and property and still expect to win an election. Elsewhere that is when governments are at their best behaviour. Where else could you find the chief of police on the eve of a national election threatening the electorates with fire and brim, proudly announcing the purchase of lethal weapons, as if preparing for war. In any case OBJ has already declared the election a do or die affair. The aim was simply to intimidate and cowed into silence the hapless Nigerian electorates. Ehindero and Iwu where simply acting out a script provided by PDP. INEC simply announce arbitrary figures, and the Police and other accomplices ensure there were no civil actions, and the appeal court has already delivered. What remains is for the apex court to once more in the interest of peace and stability give its seal of approval. If truly Yar'Adua and PDP have indeed won the election as alleged by INEC with a land slide, and for now the appeal court seem to agree with that under dubious circumstance, why are afraid about a re-run, especially now after over a years of meritorious service to the nation.

Just like OBJ following the 2003 debacle, Yar adua cannot and is incapable of delivering. To further confound matters he is critically ill. Even though the ACF, a non medical outfit of contract seekers have declared him fit to rule. On what basis and for what purpose and on whose behalf they said that, they are yet to tell us. Moreover, the issue before the apex court is not about his medical fitness to rule, but whether he was legally elected or not. For anybody or group of individuals, in the face of this manifest injustice, to seek to justify what had happened out of sheer greed and selfishness, and try to blackmail others to accept it as an act of God, is a sacrilege. For too long parasitic members of the society, hovering along the corridors of power, and pseudo religious leaders in cahoot, have constituted themselves into ready made mercenary elements to justify the unjustifiable. The God we believe in and worship is a just God, and will not condone any act of injustice, nor did he enjoin us to do so.

We know the task before the justices at the apex court is not an easy one, and they are Nigerians. We do not want to believe the stories of they being asked to nominate minister in return for a favourable judgement, nor do we want to be complacent and dismiss the allegations. They each have an individual choice to make, and be prepared to live with consequences of it. We have confidence in justice Kutigi and many of them, but a tree doesn't make a forest. Not only is the future of our hope and aspiration for genuine democratic government is at stake, but that of the nations judiciary. They either go with the Umaru Abdullahis or with Justice Kutigi. Should they choose to betray us and place their personal interest above our collective interests to freely elect our leaders , who will be accountable to us, then most probably this will be the last time we will choose the judicial route to seek redress in any future elections, and we will have to look at other options. Not only that, this will also confirm that the entire judiciary is now institutionally corrupt, and when the opportunity present itself, both the supreme court and the appeal courts will have to be disband and reconstituted. It has happened elsewhere, and we will also do it. We hope and pray that God in his infinite mercy will give them the strength to do the right thing.