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As the court pleases!

February 27, 2009

One central issue that has caught my attention all these period that Ikedi Ohakim has been in power is the legal tussles he has been enmeshed in over the mandate he wields. My interest is obvious for a number of reasons and part of those includes the need to restore power to the people, and, letting future aspirants know that fraud is no longer part of it.


Regrettably, politics and elections in Nigeria have become a big industry. The allure of power and all its accoutrements now drives the unmitigated madness that is ever on reign for office seekers. While some visit and take oath in shrines; some make “arrangee deals” that gets lackeys of their benefactors into occupying sensitive offices; and others use sheer brute force to rig themselves in. etc.


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In our milieu, the situation is most pathetic and painful. Here, the prevailing twin problems of poverty and hunger have imposed a regime akin to the peace of the grave yard. In Imo State, you are either a cheer leader or you keep mute and watch miscreants despoil our common heritage and shared destiny. If you attempt to raise a voice you become a target and out rightly labeled a self serving critic and enemy of government, and if you are not financially strong, you die in penury.


At the moment, I can’t agree less with the saying that it is good for the wind to blow so that we can see the underbelly of the fowl. This is particularly true since after the April 2007 elections in Imo State. The underbelly of people we once thought were philosophers and men of character have been exposed. Sadly, we have lived with the illusion that they are gentlemen. Now we know better, they never were, but merely hungry men looking for a pot of porridge to sale their birth right.

Finally the birds seems to be coming home to roost as the battle for Imo State governorship seat finally takes a new dimension at the Court of Appeal, Abuja. The court last week handed out a verdict that the power exercised by the Independent National Electoral Commission (INEC) to cancel the April 14, 2007 gubernatorial election in the state was challengeable in law court.

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Despite concerted efforts to stop the court from assuming jurisdiction in the matter by INEC and Ikedi Ohakim, the appellate court have assumed jurisdiction on the poll annulment and asked the electoral body and the sitting Governor Ikedi Ohakim to appear before it on March 23 to defend the election cancellation.

Governor Ohakim and INEC had filed a motion seeking the dismissal of Agbaso’s appeal case, but Justice Jimmy Olukayode Bada courageously held that since Agbaso was a participant in the annulled governorship election and was dissatisfied with its annulment, he had the legal right to challenge the action. The unanimous ruling dismissed INEC and Ohakim’s motion that the appellant’s suit should be thrown out for constituting an abuse of court process, arguing that the electoral body had the power to do what it did.
According to Justice Bada, the fact that Chief Agbaso participated in the re-run election of April 28 had not removed his legal rights to challenge the annulled poll of April 14 where he also took part. 
The appellate court disagreed with INEC and the governor that the action of the APGA candidate constituted abuse of court process having challenged the result of the re-run election up to the Appeal Court on account of his loss at the second poll. The court held that the two elections were different from one another and held on different days, adding that aggrieved participants have rights in law to ventilate their anger in court by seeking redress on any issue in dispute.      

                                                                                                                                                                                   
I am pleading with Governor Ohakim to please go to the court as invited on March 23 2009 and defend the election cancellation, if he could, and possibly explain how he wrought the magic of transiting from a woeful outing in April 14 to a superlative landslide on April 28 2009 without any campaign.


But, I have all along been wondering why the controversial Professor Maurice Iwu led INEC would be keen to stop the court from assuming jurisdiction in such a matter? If INEC is sure it has the power and cogent reasons to annul an election already concluded, then why is she afraid to defend same in a law court? I am also sad that Ohakim, a pleaded joiner in the case would be the first to indicate willingness in challenging the ruling at the Supreme Court?
For those who don’t know, the scenario is that the April 14, 2007 governorship election was reportedly won by the All Progressive Grand Alliance (APGA) candidate, Mr. Martins Agbaso, but was cancelled by INEC on account of alleged irregularities, but ironically, the House of Assembly election held simultaneously was upheld.  A fresh one conducted on April 28 of the same year later produced an unknown Ohakim of the grossly unknown Progressive People’s Alliance (PPA) as the governor of Imo state. 

                                                                                                                                                                                    
I am happy that there are still courageous men in Imo such as Chief Martin Agbaso who still have resilient guts to confront injustice and fight tyranny as visited on the state by the trio of Obasanjo, Iwu and Udenwa. Chief Martin Agbaso earns my respect for sustaining this fight all this while. I am therefore compelled to congratulate him for the appeal court victory.


Chief Agbaso’s involvement and ability to lead and sustain this fight is understandable in many respects. This was one man who sincerely believed in the people he sought to serve. Among the lot that then aspired to govern Imo, he was one of the few that had a functional campaign structure. He had an office with paid knowledgeable staff. He campaigned vigorously, travelling to the nooks and crannies of the state as well as featuring live on local television and radios. He spent serious money unleashing his message and was the only candidate amongst the lot who read his well researched manifesto in the local language.


In political campaigns all over the world, money is not only central but crucial, and Chief Agbaso must have spent an awful lot to get to the extent he did. Sadly, an ominous conspiracy from exotic quarters used fiat to annul the outcome based on spurious reasons and sheer contempt for the people. And today, what do we have in the state, a cocktail of people who ordinarily should be in jail for impoverishing the state lording it over decent men.


I do not need to be a lawyer to know that one can never win an election without a campaign. Successful campaign is all about finance. You can ask President Barack Obama about his early experiences or simply go and read his book-The audacity of hope. Let those who claim they won a repeat election bring the receipt of their expenses. We know them, and know that they knew they stood no chance and never bothered to spend any money on any campaign. Even for once they never featured in any local radio program to discuss their manifesto. We also never saw their manifesto.


At this stage of the matter, I would advise Chief Ifeanyi Ararume to allow INEC and Ohakim to exhaust their options at the Supreme Court as Ohakim has already indicated. Their lawyers would certainly urge them on, so let them use public funds and further test the waters at the Supreme Court. The only gain would just be the purchase of time, beyond which is political Golgotha.


Ararume’s options are still open, win or lose at the INEC/Ohakim against Agbaso at the Supreme Court. A lose for INEC/Ohakim at the Supreme Court means the continuation of his case in the Appeal Court in Port Harcourt, while a victory for Agbaso at the same court would offer him the opportunities of pleading  exclusion at that election in another court.


Justice does not come easy. All those who feel that these litigants should swallow injustice to stand are enemies of the society. The path to rescuing the state from impostors should be fully explored until they learn their lessons and either return to their traditional hideouts or die.
The God of the poor man is always awake!

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