Leadership (Abuja)
Mohammed Sarki Bello
26 March 2008
opinion
Minna — That the presidential election tribunal had endorsed and affirmed the election of Umaru Yar'Adua as president is no longer news. What is news how ever is the deep resentment Nigerians feel over not just the ruling, but the judges that concurred on that ill-favoured verdict and every thing about it. Though the dynamism of the law and the application of it cannot be ignored, the tribunal's verdict on General Muhammad Buhari and Atiku Abubakars petitions was anything but uncharitable. It loudly made mockery of Yar'Adua so- called rule of law mantra.
The rule of law, as we know it, means ruling according to law. It also means equality before the law of persons. The electoral law 2006 is the body of laws and regulations the 2007 elections ought to derive its guidance and judgment from. It's more or less a sort of "electoral constitution" or constitution for the conduct of the 2007 elections. An act to establish the Independent National Electoral Commission,to regulate the conduct of federal, state and area council elections and to repeal the electoral act 2002 and related matters (electoral act 2006)
Let's look at the case of General Muhammadu Buhari, for instance. In his petition to the tribunal, he prayed for the invalidation of the presidential election because there was no election. Votes were merely allotted to the ruling Peoples Democratic Party. The ballot papers used for the elections were not serialised which contravenes the stipulations of the electoral law. Till today, INEC cannot tell Nigerians the quantity or amount of ballot papers used for the elections and this was deliberately done to pave way for the predetermined irregularities and fraud that was perpetrated in the conduct of the 2007 elections by PDP and INEC.
Reading the verdict, the tribunal dismissed General Buhari's petitions on the ground that he had the responsibility of proving that the non serialisation of the ballot paper affected the credibility and potency of Yar'Adua's challenged mandate. Haba! What happened to the eighty bags of Ghana-must-go exhibits brought by General Buhari? What about the concocted and conflicting figures of total votes cast by the ruling PDP? where were the tribunal members when the elections were holding?
The tribunal claimed much was not done to substantiate the items on the petition of the petitioner and yet they stopped Mike Ahamba from presenting oral witnesses to further solidify his prayers on the flimsy excuse that it will slow the pace of the tribunal in its assignment. In the case of Atiku Abubakar, he also presented the ballot papers that did not feature his photograph even though the party logo was there. He also tendered a memo from the INEC chairman to the Nigerian security printing and minting company ordering that his photograph and name be excluded from the ballot which contravens the electoral law 2006.
According to the electoral act 2006, 2006 act No. 2 section 29 subsections (I) and (II), all staff appointed by the commission taking part in the conduct of an election shall afirm or swear before the high court an oath of neutrality as in the second schedule to this act. Also, all electoral officers and all staff appointed by the commission taking part in the conduct of an election shall afirm or swear an oath of loyalty and neutrality indicating that they would not accept bribe or gratification from any person, and shall perform their functions and duties impartially and in the interests of the federal republic of Nigeria without fear or favour. Maurice Iwu and his INEC had the responsibility of being neutral and providing a level playing ground for all the contestants. By that memo, he failed to discharge that responsibilty because that memo defiled the stipulations of the electoral law because it disfavoured the action congress and its presidential aspirant. It can therfore be conveniently concluded that the action congress and its presidential aspirant were not equal before the electoral law and in the conduct of the 2007 presidential election.
The crux of the matter is, the essentiality featuring an aspirant's photograph on the ballot paper in the first place had been defeated by the exclusion of Atiku Abubakar's photograph and in consideration to him as a bonafide presidential aspirant, Atiku's photograph ought to have been featured on the ballot just like all the other presidential aspirants.
Justice Ogebe, while facing the Senate Committee on Judiciary and Legal Matters opined that appointments to the Supreme Court should be based on merit and experiences of judges and not by the federal character as is the case. The same justice Ogebe told that his nomination was a product of the democratisation that evolved following the retirement of Justice Alfa Belgore since the Obasanjo days. In other words, not on merit. He also said that once a ruling had been concurred to by the judges in a tribunal, any of its members can read it and, therefore, his absence at the tribunal on its most crucial day, the day Nigerians and the world were looking forward to should not be faulted.
In what is appearing like rampaging killer disease, the personality of former President Obasanjo is dwindling and nose diving down the drain and carrying along with any person that dared to be associated with him. Because of former President Obasanjo, Nigerians did not vote for the PDP in the 2007 elections but they manouvered political Stunts to emerge as winners of elections. Even Yar'Adua is not fully accepted by Nigerians because of the simple fact that he is accepted by the much dreaded ex-president.
During the Etteh renovation scandal, her colleagues made sure she was shown the way out, not just because of inflation of the contract sum and its attendant profligacy, but also because Baba was doing all things possible to save her from the hangman. Senate president, David Mark, almost suffered the Etteh's faith because it is well known that Baba was instrumental to his been there. In a smart political wisdom though, he distanced himself from Baba which got him the breather from the hangman. Former governor of Ebonyi State and aspirant for the chairmanship of the just concluded national convension of the PDP lost out also because Obasanjo went round to campaign for him. Even Gbenga Obasanjo's marriage had to hit the rocks because Baba dared to be Gbenga.
For now, distancing one self from Baba is the beginning of wisdom. Nigerians would hate you simply because he likes you. They would also love you knowing that he hates you.
As for General Muhammadu Buhari, they still use his posters to canvass votes for the ANPP in elections that he is not a contestant. In Minna, the Niger State capital for instance, one can find councilor and chairmanship aspirants juxtaposing General Buhari's photograph in their posters because of the simple fact that their association with Buhari is enough to get them votes. As the battle ground for the presidential election shifts to the Supreme Court, Nigerians and the world are watching to see how the outcome makes or mar's Nigeria's quest for genuine democracy that is anchored on equality before the electoral law and the supremacy of the electoral law.
Mohammed Sarki Bello writes from 2, Sarki Bello Road, Minna, Niger State
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