By Che Oyinatumba.
 Published
July 19th, 2008
There is a common saying among my religious friends that
“voice of the people, is voice of God” The learned ones,
claim that when a knotty legal issue clouds the mind of the
judge, he uses a test called the layman’s reasoning.
If these two maxims by the highest institution coined by
man-Religion because we will all die and meet God. The
Judiciary because we shall be plead our innocence before a
judge called god-believe that sanity rests with the people,
can the judgment coming from Court of Appeal Jos and Osun
State Electoral Tribunal be said to have met those
standards?
In Osun State , the petitioner, Action Congress
Gubernatorial candidate in the April 2007 election, Rauf
Aregbesola at the dusk hour of the tribunal have alleged
that the justices of the tribunal have been compromised via
questionable communication between the counsel to the
respondent and incumbent governor, Oyinola, Mr. Kunle
Kalajaye SAN. The latest two editions of The News Magazine
published a call log, believed to be that of exchange
between the learned SAN and the judges of the tribunal.
To the man on the street, this exposure whether true or not,
did cast a shadow on the integrity of the tribunal and one
would have thought for the avoidance of doubt, the tribunal
should have arrested her judgment till the stench hanging
around them have been expunged, either by the Judicial
Service Commission or The president of Court of Appeal. But
to further rob salt into a fresh wound, the tribunal brought
forward the date of judgment delivery to Tuesday July 15th
and dealt a mortal blow on the faith of the common man in
the judiciary as the last hope of an aggrieved person.
Lawyers are speaking grammar on the admissibility or
otherwise of the documents that would have furthered their
case. Well a tinted judiciary has delivered a tinted
judgment. The battle front has been shifted to the Court of
Appeal, which in recent judgments have shown that there is
no hope.
It was at the Court of Appeal sitting in Jos that the judges
did America wonder. The election tribunal sitting in Markudi
had ruled calling for a re-run in two LGA and declared that
of the valid votes counted, Young Alhaji dusted David Mark.
The tribunal had the fear of God and gave a twisted judgment
that led to appeal by Mark and cross appeal by Young Alhaji.
If Young Alhaji scored the highest of the valid votes
counted, why not declare him winner?
But PDP hell bent on implementing her 60 years must rule,
drafted in the judge that delivered a questionable judgment
in another division, to do the hatchet job. Instead of
upholding the judgment of the lower tribunal defective as it
was, the Court of Appeal drove in the spear and dared
Nigerians. David Mark was declared winner of the election!
Nigerians on the street believe that the court of Appeal
gave Judgment without Justice. Justice to the people of
Benue and all believers in Rule of Law was raped. Nigerians
are crying; where is justice? Can a wife be raped in front
of her husband without the rapist keeping a date with his
maker? Those lawyers that aided in this rape, should not
rejoice, when the rain of people’s anger will fall, it will
fall both on those who stole the righteous ones umbrella and
those who conceived the theft. After all they drive on the
bad roads, buy fuel from the black market and have
nightmares as a result of the fume and noise from their
neighbour’s generator bought from China .
The docility of Nigerians have been exposed with these
kangaroo judgments and other Africans are asking, in
Zimbabwe we can understand the boldness of Mugabe, but why
is Nigeria hiding under rule of law to perpetuate injustice
and fraud? Psychological fraud is worst than electoral fraud
and the muscular demo-crazy going on in Zimbabwe . What kind
of leadership example is Nigerians showing with regards to
the defense of their mandate since the court has failed?
It’s over three months since Adams Oshiomhole defeated a
professor of law in Edo state, yet no judgment has been
delivered. If in deed that the sweetness of excreta can be
ascertained by the smell of fart, Oshiomhole and lovers of
democracy should belt up for the Ukrainian method of mandate
defense. It is apparent that there is no opposition party to
organize Nigerians to wrestle power from the PDP. Hope only
lies in the movement of the people to emancipate them from
the criminal bondage of the PDP. The victory of David Mark
and Oyinola with the active connivance of the judiciary is
due to the dearth of opposition party politics in Nigeria .
Where are all those impotently claiming to be champions of
democracy because they quarreled with Obasanjo over third
term? Are they not part of the train of Ali Baba and the
forty thieves?
In case you don’t know, the one party state structure in
Nigeria has started.
Let us stop this academic hot air puffing that the dominance
of one party cannot happen in Nigeria , it is already here.
Were was other parties when the Senate went on recess to
prepare for eventuality in case that conscience catches up
with the Court of Appeal and they rule in line with facts on
ground? When the last time was any of these Socio-cultural
clubs masquerading as political parties held any
sensitization rally or protest any policy of this sleeping
government?
Nigerians Unite! The era of the gods descending like Songo
to frighten leaders have gone. Our destiny towards a 21st
Century democratic, economic and technological giant is in
our hands.
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