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ELECTIONS
Challenges continue regarding the April 2003 general elections results
but the scene has now shifted to the courtroomsThe re-election of President Olusegun Obasanjo of the People’s Democratic Party (PDP) is being challenged by the All Nigeria Peoples Party (ANPP)’s presidential candidate, General Mohammadu Buhari, supported by 13 other political party leaders. The election of some state governors is also being challenged before the courts; likewise that of some Senate Members, House of Representatives Members, and Members of State Assemblies.
Justice for whom?
At the inauguration of the election petition tribunals, Nigeria’s Chief Justice, Hon. Justice Mohammed Uwais, told the tribunal chairmen to execute their assignments «without fear or favour», and they should note that any of them found wanting will have to face the consequences.
But shortly before the tribunals began their sittings, the main opposition party (the ANPP)’s presidential candidate, General Mohammadu Buhari, had cautioned his party members against filing their petitions before what he termed: «"Kangaroo" tribunals whose members have been personally appointed by the President, who himself has a case to answer». Some of Buhari’s ANPP party members thought they would receive a favourable judgement from the tribunals, and so ignored Buhari’s suggestion. Indeed, various methods were used by PNP and ANPP party members whose election results were being challenged, to retain their seats. The whole thing had the appearance of an epic drama especially when viewed from the side-lines.
Judgement for sale
There have been a number of controversial decisions emanating from the election petition tribunals. Take the case of the Senate’s Speaker, Chief Wabara. His opponent in the ANPP was declared the winner of the Abia South senatorial seat by the Independent National Electoral Commission (INEC). So what did Chief Wabara do? He headed off to the High Court where he succeeded in obtaining a court injunction, restraining his opponent, Peter Obi, from being declared the winner. The Court then took upon itself to declare Wabara the winner and the INEC issued Wabara with the necessary declaration certificate. When the High Court’s decision was announced, Nigerians started to wonder what was going on within the judiciary.
Then there’s the Senate’s Deputy Speaker, Alhaji Ibrahim Mantu, who clearly lost in his Plateau Central senatorial district, to a younger politician, My Philimon Dewan, of the Alliance for Democracy party (AD). Mantu went from pillar to post to ensure that he was returned to the Senate and before anyone could say «Jack Robinson», Mantu was declared the winner.
The gubernatorial elections
The re-election of some state governors can be regarded as the greatest joke of all, particularly those whom Nigerians had «written off». There were instances when some Governors were accused of having stolen public funds, yet somehow or other, managed to get back to their gubernatorial mansions.
In addition to the political horse-trading and image-damaging allegations that could have barred the return of some State Governors to office, and which could have earned them a sentence in the country’s jails, the courts seem to have given them a clean bill of health and even upheld their elections. Yet, the Anti-Corruption Act, section 182 (1) of the 1999 Constitution, clearly stipulates that «no person shall be allowed for election into the office of the Governor of a state if he has been indicted for embezzlement or fraud by a judicial commission of inquiry or by a tribunal of inquiry...».
Over the past four years, there have been over 400 applications tabled before the Anti-Corruption Commission concerning the activities of some public office holders. Those who could have been brought to trial include Governors such as Adebayo Adefarati, Diepriye Alameyesigha Abubakar Audu, Ahmed Sani, Lucky Igbinedion, Abdullahi Adamu etc. yet none have been brought to book, and none have had their re-elections annulled because of corruption allegations. Indeed, there is every indication that cases brought before the courts get nowhere because of what is termed «immunity».
There is every reason to believe that the people of Nigeria have lost faith in the country’s judicial system. Many people are asking: «Will there be justice and for whom?»
- Kenneth Dareng, Nigeria, September 2003 — © Reproduction authorised, with usual acknowledgment