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Tuesday 21 August 2012

2011 Presidential Election:Supreme Court Judgement-An Eclipse of Justice by Nsikan Nkordeh


It was a great surprise to me when I heard that the Supreme Court upheld the victory of ‘Goodluck’ Ebele Jonathan , surprised , not because General Muhammadu Buhari ‘s case was thrown out, but because it was a unanimous decision by the seven seated Justices of the Supreme Court. To me, it was a new vista in the dispensation of judgment. To the observers, it looks like the easiest judgment ever given by the Supreme Court in Presidential Election matters when compared to 2003(5 against 2), 2007( 4 against 3).In the case of 2011 elections, it was 7 against 0.For me it was not what I expected and it saddened my heart, that , the rigging and fraud perpetrated in the 2011 election by PDP was ‘canonized ‘  by the high priests in the temple of justice. I felt something was wrong because the rigging in the South-South and South -East were too glaring to be ignored. I said to myself  “...it is a bad day in the struggle for the liberation of Nigeria…” I wept in my heart because I thought the Supreme Court would have saved us from a further 42 months of clueless leadership under a President that has become impotent in might, sterile in courage and bereft of ideas-uninspiring in persuasion and low in common sense. I felt that the Justices of the Supreme Court would be the thermostat that would reverse the political trajectory from heading for anarchy.

As the thoughts of my heart troubled me, I could not imagine what went wrong. In as much as our judicial system is deeply seated and soiled in corruption where justice has become a commodity with a tag for the highest bidder, I knew it was almost impossible to have all seven Justices ‘compromised. For me, considering the avalanche of evidences CPC had to prosecute the case, it was inconceivable that 7 learned and seasoned Judges could unanimously vote in one direction. So I wondered, pondered and reasoned within myself

In the crossfire of my thoughts, I realized that the injustice was actually done at the Presidential Election Tribunal (PET), were the case was castrated before it started, when Hon Justice Salami was sent on an unrequested sabbatical to pave way for the bribing of the Oracle. I realized that  the case was decided when Justice Salami was ‘set up’ and ‘eased out’ temporarily so that a group of Vultures would replace him.

Salami on may 24th ordered that access to biometric database be given so that forensic analysis could be done on the bailout papers to prove the case, to determine the veracity of PDP’s victory.PDP and Jonathan had tried all they could to block this, but Salami , determined to ensure  that the case was subjected to a transparent legal scrutiny ordered that access be given to CPC’s forensic experts in the presence of INEC and PDP’s experts.PDP and Jonathan, knowing that the game was up, and could not survive the cleansing effect of such scrutiny , quickly ‘cooked up’ charges against Salami; the stage was set and Salami was removed.

Having removed Salami, a new panel was reconstituted, with a mandate to ensure a predetermined end. In a shameful way, the newly reconstituted Presidential Election Tribunal on the September 7, 2011 reversed and contradicted itself when it claimed access to biometric database meant anything other than access to biometric data. This was a ridiculous moment, a comical representation of the judicial system, and one of the final fatal stabs to Nigeria’s already comatose judicial caricature. At that point I knew the case was lost because the only means of proving the fraud had been thrown out. The decision of the Presidential Election Tribunal to deny CPC access to biometric database for forensic analysis was the nail that destroyed the CPC’s case. The reasons for the denial were quite ludicrous and ridiculous. INEC and PDP had propounded the theory that access to such would be ‘a threat to National security’- I was appalled that Justices of the Appeal Court could become so warped in thinking, and convoluted in reasoning .It was one of the saddest days in Nigeria Judicial chronicle.

One mistake, which became a fatal one, which CPC made, was that they did not appeal this preposterous ruling of the Presidential Election Tribunal. I expected them to have challenged it  at the Supreme Court, the refusal of the PET to allow them access to the biometric database .Knowing  well  that   only access to the biometric database could  ensure proving their case, they should  have tested the strength  of that decision  at the Supreme Court. Lo, they did not, and that became their undoing.

PDP, emboldened by the fraudulent decision of the Presidential Election Tribunal knew that CPC would not be able to prove their case without access to the biometric analysis, became very comfortable, and knew the Supreme Court would not be able to say otherwise

CPC, with a whittle down case approached the Supreme Court, with the prayer that the Supreme Court reconstitute a new  Presidential Election Tribunal to re-hear the case based on the   short-comings of the first PET. One had expected that the Supreme Court would have been more discreet in hearing the case and analyze it, so to ensure that justice would be served , but to my surprise , they made their decision based on what the Appeal Court had done .It is very difficult to cry foul at the Supreme  Court , since the case was already ‘Dead on Arrival’ based  on the abomination committed at the Presidential Election Tribunal. By a unanimous decision at the Supreme Court, it means one of the two –either all the seven Supreme Court Justices were compromised (something PDP and Jonathan can do, have done in the past and have the finesse at doing, but which is rare) or the case as presented by CPC was Dead on Arrival (based on the judicial castration of the case at the PET). A combination of the two would be a judicial hara-kiri

For me, it is a sad day in the history of Nigeria, because the courts (Appeal and Supreme) have succeeded in giving a moral boost to electoral robbery, aided by criminally minded attorneys. By this singular action of the Presidential Election Tribunal in denying access to biometric database, a bad precedent has been laid, which future electoral robbers will hide under when they execute their criminality.

Finally, the Courts, instead of being vehicle of truth and justice, by seeking ways of exposing fraud and electoral crime, have become the vanguard of electoral malfeasance and a custodian of electoral iniquity. Henceforth, except there is concerted effort at ‘sanctifying’ the temple of justice and ensuring that the priests and the Oracle are not commoditized ,paying appropriate  propitiations for the twisted and warp judgments, then Nigeria should forget free, fair and credible elections. If elections cannot be subjected to infallible scrutiny like forensic scrutiny due to judicial albatross, placed by obstructive priests, then Nigeria can just forget wasting money conducting election

The victory may have been given to Jonathan because he has all the paraphernalia of office and resources, but there remain a judgment of conscience among the people, piercing even the hearts of the culprits .With this judgments, it has become evident that our Courts do not have the courage to raise up against executive intimidation, and for now cannot be said to be a ‘hope for the common man’. It has shown that it is a cosmetic institution with learned men in wigs that cannot executive judgment when might is involved. It further places our democracy at the precipice of collapse. I feel that Justice was denied in this case, and was willfully done. Just like Gen. Muhammadu ri(GCFR) said, we leave justice for God.The ruling of the Supreme Cour lacked judiciary content and was politically motivated-a shame on our institution of justice.We pray that the justice and judgement of God in this case will be done in our life time, and all will see that it was done.God bless Nigeria

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