Uzokwe's Searchlight

The actions of the honorable men and women of the Supreme Court continue to sustain hope that justice may eventually be served via the election tribunals. I must point out, though, the fact that the task ahead of them is humongous.

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Monday, May 7, 2007



Alfred Obiora Uzokwe

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WILL THE ELECTION TRIBUNALS CAPITULATE UNDER PRESSURE?


t was an uneventful and quiet evening for me. I had just returned from work and settled down on the sofa for my customary dose of CNN programs. Shortly, an Israeli official, I do not recall his name, came on. He was being asked for his reaction about the current events in Israel and the call for the ouster of the Prime Minister Ehud Olmert. Unabashedly and in unequivocal terms, the man stated that Israel has a very strong democracy. Theirs, according to him, was a democracy where the most powerful man, their leader, could be subjected to investigation if there is allegation of wrong doing and removed if found guilty.


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As I listened to this man's convincing argument and the pride with which he made that declaration, it was clear to me that it was a clear case of power belonging to the masses. I began to wonder when one could say the same about Nigeria. I wondered if there would ever come a time, in the near future, when one could genuinely broadcast to the world that Nigeria's democracy was strong and that power truly belonged to the people. I was about to wonder off into Utopia when I was jolted back to reality. Nigeria could never have a true democracy with the havoc that the despotic and egomaniacal tendencies of the leaders was wreaking on the country. Not with the subservience and slavish adulation with which Nigeria's citizenry regard their leaders. Of course not in a country where holding opposing views from those of the leaders attract inevitable punishment.

As the CNN interview wore on, the nightmares that characterized and eventually brought a melodramatic end to an election that could have earned Nigeria a solid place in the world stage, came back to mind. I recalled the fact that some family members, friends and relatives could not vote even after spending more than 4 hours at the polling stations. As I pondered all these, the most nauseating part of the 2007 election crept back into my mind. It was the occasion when shameless Maurice Iwu, the biased umpire of INEC, brazen-facedly announced the results of elections that never were. To me, that was the height of electoral corruption. This same man has since continued to lampoon critics who dared question the elections, the outcome and the ignoble role he played. In a civilized society, he should have been fired for not subordinating himself and his commission to the dictates of the constitution of Nigeria.

I doubt that I paid further attention to the CNN interview, because, by the time the interviewer signed off, my mind had changed direction and turned to the election tribunals in Nigeria. Of course election tribunals are vested with the authority to adjudicate grievances, post election, brought on by aggrieved parties. They have the right to overturn elections where evidence exists to suggest that the process was compromised or flawed. While the thought of the election tribunals and the part they could play to steer back Nigeria's runaway democracy to the right course occupied my mind, I could still remember how the election tribunals and the appeals court were compromised after the 2003 elections. Some members of the appeal court compromised their integrity by taking bribe running into several millions of naira. Here is how Chief Gani Fawehinmi put it in a piece he recently wrote,

"Two of the Justices, Hon. Justice Okwuchukwu Opene and Hon. Justice David Adedoyin Adeniji gave judgment to Dr. Ugochukwu Uba and the third Justice, Hon. Justice Kumai Bayang Akaahs, the youngest of them, disagreed and dissented and gave judgment to Prince Nicholas Ukachukwu. After the appeal, the National Judicial Council (NJC) received petitions that two of the three Justices took bribe. .. After a thorough investigation by the Committee ,set up by the National Judicial Council, it was found that Justice Okwuchukwu Opene who presided at the Court of Appeal took a bribe of N15, 000,000.00 (Fifteen million Naira) and Justice David Adedoyin Adeniji took a bribe of N12, 000,000.00 (Twelve million Naira) and three unascertained Ghana-must-Go bags and that Justice Kumai Bayang Akaahs the youngest of them refused to take bribe" [Guardian, May 2, 2007]

Chief Fawehinmi was referring to what happened after the 2003 elections in Anambra state where Senator Ugochukwu Uba was declared the winner even though Nicholas Ukachukwu was widely seen as the winner. Ukachukwu had taken his case to the election tribunal which declared him the rightful winner but the case was appealed by Senator Uba. It was at the appeal court that the two Justices, referred to above, were alleged to have taken bribe and found for Senator Uba. The reader should take special note of the fact that the above case involves a set of dramatis personae from the same mold as the dramatis personae in the current political saga. Also, the venue was none other than Anambra, a state that internal and external detractors have sworn to destroy by all means.

The fact that Honorable justices could sacrifice their integrity on the altar of fleeting pecuniary benefits is enough to dampen any confidence one would normally have in the election tribunal and the process. Even though there is slam dunk evidence that the 2007 elections were flawed in every sense and that elections did not take place in places like Anambra, how can one be sure that the people entrusted with the powers to uphold or throw out the election results would ultimately reject mouth-watering pecuniary inducements, which are sure to come, thumb their nostrils at evil and do the right thing? How can one be sure that the honorable men and women of the judiciary would stand with the truth no matter whose ox might be gored in the process? The truth is that there are no assurances. The saying, "seeing is believing" holds sway here. There is no way of predicting what the members of the tribunals would eventually do because the Nigerian factor is overwhelmingly tempting and only few Nigerians have successfully defied that factor. The honorable men and women of the appeal courts and the Supreme Court come to mind here. They have shown, within the past six months or so, that Nigerians can overcome the Nigerian factor and do the right things.

The actions of the honorable men and women of the Supreme Court continue to sustain hope that justice may eventually be served via the election tribunals. I must point out, though, the fact that the task ahead of them is humongous. In Anambra state, for example, if the issue were that someone else won the election but it was given to another, the case could easily be resolved by the tribunals by awarding the position to the rightful winner. However, this is not the case. The first complication is that some people who were qualified to vie for the election were disqualified by evil genius, Iwu. Then, when the so called elections were supposed to hold, polling booths did not open in some areas and people just could not vote. The only way to remedy Anambra state election will be to annul it in its entirety and have another one. This will involve a lot of time, money and manpower. The same applies for many other areas in the nation. Will the election tribunals have the courage to overturn the elections and call for new ones? I have my doubts but one would have to see.

Inspite of the doubts I expressed above, there are a couple of things about the 2007 election tribunal and what transpired that make me believe that justice may eventually be served. For one, members of the election tribunals read newspapers and listened to the news like all other Nigerians during the (s)elections. One is almost certain that they all saw and probably personally witnessed the electoral rape that occurred on 14th and 21st of April 2007. In that spirit, therefore, one would expect that they would damn the cost of ordering new elections and do so without delay. Furthermore, the Nigerian Bar Association, under Olisa Agbakoba, has undertaken to seriously monitor the activities of the members of the 2007 election tribunals with an aim to bringing to fore any observed malpractices. The chief judge for the tribunals has also clearly set out the expected modus operandi for members, including cautioning them against using technicalities to throw out genuine cases. Finally, sensing the strength of the Nigerian factor, the chief judge has also refused to assign members to the state they will operate ahead of time. The goal is to prevent would-be bribe givers from mapping out effective strategy on how to corrupt the tribunal members. All the above and other measures give one the feeling that things may just work out. If members of the tribunal live up to expectation, they would have written their names in solid gold for generations to adore. This commentary is more of a challenge to them to resist the overwhelming pressure to capitulate and summarily banish mediocrity from Nigeria's electoral process and enthrone meritocracy that will be anchored on justice, fairness and equity for all. On my own part, I hope that when all is said and done, I can, because of the eventual judgment of the tribunals, unabashedly and proudly proclaim, on CNN, that Nigeria's democracy is exceedingly strong and alive.

While discussing the issue of the election tribunal with a contemporary of mine, she was adamant that pecuniary inducement is not the only factor that could cause the members of the election tribunal to falter. She opined that the Obasanjo fear factor loomed large like the sword of Damocles over them and was enough to make the honorable members to go afoul of the law. "This man was basically terrorizing Nigerians with the specter of EFCC, SSS, the army and the police and so forced many to go against their will", she averred. My response to her was that the man every one feared because of his vindictiveness would no longer be on seat after May 29 to continue his reign of terror. The tribunal members will therefore not have him as an excuse to capitulate and pass questionable judgments. They can stand tall, stand firm, make their rulings based on the massive and incontrovertible evidence that men of goodwill in Nigeria are compiling.

Talking about compilation of evidence to go before the tribunals, in Anambra state, the former governor, Dr Ngige as well as Peter Obi, are gathering a mammoth amount of evidence to show that no elections took place in the state. Of course that state was robbed blind in broad daylight by Iwu and people of his ilk. This is the reaction of the renowned professor of virology, David West, about Iwu and the Anambra State elections. He , " wondered how the INEC boss could be proud of himself when in Anambra, his commission was forced to adjust the votes of the declared winner from 1.9 million to one million after discovering that the total number of voters was 1.7 million[ Daily Sun, May 4, 2007 ]. Professor David West was reacting to Maurice Iwu's unrepentant and boastful statement that INEC did well when he presented INEC certificate to President (S)elect in Abuja. What Professor David West pointed out is part of the evidence that Ngige and Obi must have in their arsenal to show how flawed the elections were in Anambra state. This is applicable to many other states. Furthermore, the fact that many could not vote, including highly placed men and women like Peter Obi, Ojukwu, etc is another strong case that should go before the tribunal. The list goes on and on.

It is instructive that some candidate-(s)elects are already quivering in their booths because opposition candidates are gearing up for the election tribunal fight. In Anambra state, the governor-(s)elect, during a ceremony he organized to inaugurate a whooping 98-man so-called transition committee, discovered that most of the people he named as members of his transition committee did not show up. Infact, I was looking at a picture taken during the so-called inauguration and saw that most of the seats were empty! Alarmed by that development, the governor select "accused Governor Peter Obi and his predecessor, Dr Chris Ngige, of stirring public anger against him" [Champion Newspapers, May 4, 2007]. He further told those who cared to listen to him that "Obi had been going round the town unions in the state to obtain the signatures of people who would say that elections did not hold in the state". This is absurd! First of all, if the good people of that state voted as massively for him as Maurice Iwu's record show, why would he be worried about what anyone says to his "darling" electorate? The truth is that this man is very much aware that no elections took place in Anambra State and anytime someone says it, he quivers. What type of memory does he have and what manner of people does he think that Anambra state people are? Has he forgotten that even the governor and Dim Ojukwu could not vote because of the absence of ballot papers and the likes? Does he not understand that Peter Obi will even be doing Anambra people a disservice if he folded his arms and allowed this injustice to pass without challenging it. The Igbos say, "Egwu ka n'ebido ebido, nwa mgbada n' awuji ukwu" - meaning, "the music is just starting and the deer is already hurting itself by jumping up and down in response to the music". This man and his co travelers should better brace themselves for the mountain of evidence that patriotic Nigerians are garnering in readiness for the election tribunal contest. If he is that thin-skinned, he should bow out now and concede defeat to the people of the state. Does he not even understand that he has whipped up so much hatred against himself that if per chance the tribunals uphold his selection, controversy will trail him throughout the stolen tenure? As for Iwu, who has told his Resident Electoral Commissioners to start gathering their own defense evidence for facing the tribunals, I would like to see him once again, on TV screens, defending the indefensible. He should be ashamed of what he plunged Nigeria into and must stop beating the same chest he was beating when he announced to the world that he had found the cure for Ebola virus. We have been down that line before.

The panic in the ranks and file of election riggers is beginning to show. They have seen that within the past few months, the judiciary has started discharging its duties honorably. Fearing that the tribunals might just do the same, they are panicking, taking their cases to any one that would care to listen. Some have set up huge numbers of so called transition committee members, comprising names of decent people without consulting them. All this, in an attempt to confuse the electorate and gain acceptance. Some are even sending emissaries to the Diaspora to get them on their side. Some money-hungry Diaspora Nigerians have capitulated, writing meaningless defensive pieces in support of their new paymasters on internet discussion fora. These are the usual flock, the brood of vipers that follow money and food crumbs wherever they may be. These are people prepared to sell their conscience, sell their kith and kin, harm people who stand between them and money because they stand to partake in the fleecing of Nigeria. On the whole, well-meaning people are holding their ground.

It is high time that Nigerians rejected the politics of do or die and election rigging. In the same light, Nigerians must become sensitive to the type of leadership that they choose or is foisted on them. When I was growing up, what held together the moral fiber of the society was the fact that each community quietly policed itself. If you get your wealth through unverifiable or questionable means, the community will avoid you like a plague. Infact, they will not even accept a donation from you at public events. If you commit murder, you and your family will be ex-communicated and viewed with disdain for a long time. You may have the prettiest daughters on earth but no member of the community will intermarry with your family if you go against societal norms. Part of the problems we have in Nigeria today, is that communities have basically abdicated their responsibilities and everything now goes. Otherwise, how can people, in broad daylight, in their communities, be stuffing ballot boxes and rigging elections and the next day go to the churches or mosques or community gatherings and make donations without being challenged? How can someone sponsor election violence and rigging and the next day be made a red-capped chief or Otunba or Alhaji? The culture of the end justifies the means is slowly plunging the nation into chaos. Some village chiefs and elders have been compromised to the point that they see no evil in evil. People who give them money, regardless of the source, are the ones that become chiefs. This is where the problem lies.

As Nigerians proceed to the election tribunals, as evidence and counter evidence are tendered in the various tribunals, one hopes that the members of the tribunals are aware that the eventual fate of Nigeria lies in their palms. Whether Nigeria moves forward as a democracy that one can boast of, just like the Israeli did, or stalls as a one-party nation, where selected leaders run roughshod over the masses without consequences, lies in their hands. They must not disappoint the nation; they must not capitulate. Like Gani Fawehinmi pointed out, two members of the appeal court that took a combined bribe of 27 million naira, in 2003, were eventually disciplined by the judicial council. So will this bunch be if they allow themselves to be compromised. Gani Fawehinmi is watching! Olisa Agbakoba and his group are watching! Nigeriaworld readers are watching and the nation is watching.

HERE I STAND