SUNDAY MUSINGS: When Tomorrow Comes: Justice A-Hurried is Justice Denied
Mobolaji E. Aluko
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SUNDAY MUSINGS: When Tomorrow Comes: Justice A-Hurried is Justice Denied
by
Mobolaji E. Aluko, PhD
Burtonsville, MD, USA
Sunday, April 4, 1999
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Tomorrow, Monday April 5, 1999, a judgement will be given in an Abuja,
Nigeria court. This Sunday, just the day before, gazing into a crystal
ball, I muse about the proceedings.
A/ THE PETITION
The Petitioner and the Respondents:
On the left - Chief Samuel Oluyemi Falae of the APP (as sole petitioner);
On the right - General Olusegun Aremu Obasanjo of the PDP;
Also on the right - Justice Ephraim Akpata of INEC and 58 others INECees.
Leading the pleadings for them:
On the left - Chief Godwin O. Kolawole Ajayi (SAN) for Falae;
On the right - Chief Afe Babalola (SAN) for Obasanjo;
Also on the right - Chief Kehinde Sofola (SAN) for INEC.
Acting as Judges, Jury and Referees of the Court of Appeal:
Justice Dahiru Musdapher (Chairman), Justice Dennis Edozie, Justice George
Oguntade, Justice Thompson Akpabio and Justice (Mrs.) Mariam Mouktar
All hearing: A petition involving in essence six complaints.
The prayers:
"24 The Petitioner therefore prays:
(a) That it be determined that the 1st Respondent was not duly elected or
returned and that the Petitioner was duly elected and ought to have been
returned.Or in the alternative:
(b) That it may be determined that the presidential election held on 27th
February, 1999 was void.
(c) That the petitioner may have such further or other orders as my
bejust."
B/ THE COMPLAINTS AND THE PROGNOSIS
1. The Ogboni Complaint
Disposition: Will be Thrown Out
Judges: Unanimous
Reason: No proofs proffered by petitioner.
My Commentary: How was this ever going to be proved anyway? An on-going
meeting of the Ogboni was not SWOOPED upon, with Obasanjo in attendance.
There are no minutes of these meetings. If another Ogboni member came to
give witness under oath, another Ogboni member would need to be called in
to affirm that the first witness was indeed an Ogboni member. And so on,
and so forth! And since Obasanjo was conveniently OUT OF THE COUNTRY (and
the Falae team was WELCOME to wait for him until time ran out, until
kingdom come, or appeal clock ran out, Musdapher implied!), he could not
confirm or deny UNDER oath. Nice trick, Aremu. Case closed.
2. On Obasanjo advertising on Election
Disposition: Case proved against PDP, but Obasanjo's direct involvement
not proved
Judges: unanimous
Reason: Obvious - no receipts linking Obasanjo directly to adverts.
My Commentary: None, except that Afe Babalola's argument that
advertisements in a newspaper do not amount to a 'campaign' is spurious.
PDP should be slapped a HEAVY FINE. Or fine imposed for future
infractions by any party.
3. On Obasanjo providing Garri, salt, sugar, etc. to voters
Disposition: Case proved against PDP, but Obasanjo's direct involvement
not proved.
Judges: Unanimous
Reason: Obvious - no receipts linking Obasanjo directly to these
condiments.
My Commentary: None, except that Afe Babalola's argument that the
PDP-labeled bags were probably the work of AD operatives is spurious.
PDP should be slapped a HEAVY FINE, or fine imposed for future infractions
by any party.
4. On Obasanjo's membership of National Council of State, and hence a
public officer unqualified to run for president
Disposition: No proof shown that he was a member of the National Council
of State
Judges: Unanimous
Reason: Saved by Decree no 7 of 1994, which grants the Head of State
prerogative of such an appointment; former Heads of State not
automatically members.
My Commentary: This is an Abacha decree. What an irony! The present
draft of the Constitution however restores automaticality. I JUST HOPE
THAT IN OUR FORTHCOMING CONSTITUTION, ONLY ELECTED FORMER HEADS OF STATES
SHOULD BE MEMBERS OF THE NATIONAL COUNCIL OF STATES, NOT PEOPLE WHO SHOT
THEMSELVES INTO POWER (GOWON, BUHARI, CURRENT OBASANJO) OR ARE PROPPED UP
ILLEGALLY IN INTERIM POWER LIKE SHONEKAN. In any case, the NCS should not
be a constitutional body, should be purely advisory.
5. On Obasanjo's disqualification as a result of treason conviction, and
lack of breadth of pardon.
Disposition: Ruling will be that Obasanjo is qualified
Judges: Split decision 3 for, 2 against.
Reason: Original intent will be invoked, that the difference between
'pardon' and 'full pardon' is merely semantical, especially when it comes
to presidential pardons as distinct from state pardons.
My Commentary: Afe Babalola hurt his client's case by bringing in
Awolowo's case! This will be the most controversial ruling, as the
minority report of the judges will be better grounded in legal reasoning
and precedence than that of the majority, whose hands may be 'tied' by
other considerations. Forgiving does not mean forgetting, and the
prerogative of mercy is not necessarily the prerogative of justice. And
is it not IRONICAL that an Awolowo case was being recalled to 'save'
Obasanjo? How ironical! But it was not 'material' either in substance or
appearance, as GOK Ajayi stated.
6. On the election proper, INEC figures etc.
Disposition: Enough numerical evidence not adduced to reverse or void
election
Judges: Split decision, 4 judges for, 1 against or 3 to 2.
Further statements: Judges will CASTIGATE INEC for sloppy administration
based on the amount of evidence that the Falae team presented. It will
STRONGLY RECOMMEND more time for appeals like this in the future. Other
strong recommendations too (eg PROSECUTE SOME PROSECUTABLES FOR
OBSTRUCTION OF JUSTICE AND OUTRIGHT FRAUD!), including general conduct of
elections.
My Comments: Another controversial ruling. There simply was not enough
time for the following:
"The petitioner in his application filed on the 16th March 1999 requesting
for an order to inspect the following documents in the possession of the
2nd respondents.
"One, all the ballot papers utilised by all voters in the voting exercise
at all voting stations.
"Two, all forms EC8A reflecting the result of the votes cast at the
polling stations throughout the country at the presidential elections.
"Three, all forms EC8B produced in respect of the collation exercise at
the ward level throughout the country.
"Four, all forms EC8C in respect of the collation exercise at the local
government level throughout the country.
"Five, all forms EC8D issued in respect of the collation exercise at state
level throughout the country. "
Bottomline? Justice A-Hurried (not just Delayed) is Justice Denied.
C/ MY COMMENTS ON THE LEGAL EAGLES
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Ajayi and Babalola ("This case poses my greatest challenge") - from press
reports, excellent acquittal of both of their duties. They should be
proud of themselves. They appear to have mutual respect for each other.
Sofola - hardly ANY of his motions were sustained, and he seemed confused
as to his role: INEC's lawyer or Obasanjo's lawyer? Inquiring minds want
to know. Or was he the secret weapon: speak to waste the court's time,
time that the Falae team did not have to spare? And what was that for:
"Hey you three Egba witnesses - why are you here to testify against
Obasanjo? Egbas don't like Egbas and destroy each other! I know that
because I am Ijebu and I schooled in Abeokuta!" What was that about?
The Judges: excellent judicial temperament, and a seeming awareness of
the gravity of the case - and a harbinger of good judicial things to come
in Nigeria? "This is a very important case", Justice Umar Abdullahi said,
before withdrawing from the case due to conflict of interest. But they
had an ally on their side: TIME - and they could afford to behave above
board in a case that appeared...shall we say PRE-DETERMINED, to coin a
phrase. And I just hope that they don't say "Please don't quote us in the
future."
D/ PROLOGUE
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Next Stop - To the Supreme Court, to fulfil all righteousness.
Best wishes all.
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