David Mark,Onyinola, Get Kangaroo Judgment; failure of the opposition in Nigeria.
July 16, 2008 by
Che Oyimnatumba
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?
The docility of Nigerians have been exposed with these kangaroo judgments and other Africans are asking, 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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