NIGERIA’S POLITICAL CLASS SHOULD LISTEN TO THE
JUDICIARY.
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By Kali Gwegwe
March 04, 2008
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There have been two major blocks of opinion following
the verdict of the Court of Appeal as it concerns the
disputed Nigerian presidential election of April 2007.
While some are of the opinion that the verdict was a
true reflection of what transpired during the said
elections, others are of the belief that the learned
justices openly raped both democracy and justice.
For strong reasons, I sympathize with the two
positions. First, the judiciary is the custodian and
defender of justice as prescribed in the books of law
at a given time. Therefore, if the court has made any
pronouncement, we just have to accept it as it is
expected of every law abiding citizen. On the hand,
law in its self is not water tight. For this singular
reason, justice has on some occasions been miscarried.
Therefore, it would not be wrong for any one or group
to dwell in the belief that justice is odorless. It is
perhaps for this reason that the tradition of appeal
is entrenched in the justice delivery system.
Apart from giving justice a better image, the
tradition of appeal will primarily ensure that human
weaknesses or legal errors are not allowed to laugh at
the rule of law.
From whatever angle one looks at the judgment of the
Court of Appeal, one thing is very clear and certain.
We do not have an alternative to the law courts. For
the PDP, INEC and many others who are in support of
the ruling, I would suggest that they see it not as a
victory but a call to a dedicated service to God and
mankind. On the other hand, let all the aggrieved and
the political class draw lessons from the judgment of
the Court of Appeal. The losers should stop painting
the verdict red and go through it line after line
carefully. If they do, our learned justices would have
no hole to escape from in future elections.
The law is very clear about this. Every complainant in
an election petition must show sufficient proof (block
every escape rout) in order to befriend the law. This
development poses yet another challenge to the
legislative arm of government. Our electoral law must
be fashioned to protect the rights of voters. The law
should be such that the burden of proof should not be
too heavy for complainants to carry as it seems
presently.
My final word is that the landmark judgment of the
Court of Appeal should act as tutorial for the
political class. They should take note of all the
facts raised and prepare their cases well in future.
If they do, no flawed elections will ever see the
light of day.
Nigerians must also realize the fact that it is only
the law courts that can tell if an election was flawed
or not. It would be too foolish therefore for any
individual or political party to block their ears and
ignore the grounds on which the Court of Appeal passed
its judgment.
Let those who have ears hear. Filing appeals that hold
no water will not take us (Nigeria) to anywhere. Let
the political class pay serious attention to the
lecturers Judiciary) so that when the period of
examination (election petitions) comes, they will
write well (make a good presentation) and pass (win
their petitions).
KALI GWEGWE
C.E.O.
Pro-Nigeria
www.pro-nigeria.blogspot.com
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