EMMA EZEAZU is the General Secretary of the Alliance for Credible Election (ACE-Nigeria) and, when student activism was at its best, a former president of the National Association of Nigerian Students (NANS). In this interview with Senior Reporter, RAFIU AJAKAYE, Ezeazu speaks on the recent judgment of the Supreme Court which upheld the election of President Umaru Yar'Adua, lessons to draw from the Ghana election, and his perception of Adams Oshiomhole's victory in Edo State.

Excerpts:

The Supreme Court judgment on the presidential election has drawn different reactions nationwide, with Nigerians choosing to hail either of the split verdict. Where does ACE stand?

We're convinced that the dissenting judgment is the right judgment. We are greatly enamoured by the lucidity and clearness of thought that went into the dissenting judgment. We're happy that at the end of the day there are a number of judges within the Supreme Court who feel strongly that the elections were a charade that must not be allowed to stand in national interest. Having said that, we are very disappointed with the majority judgment which upheld the election, despite its unforgivable flaws. We had thought that the apex court would have provided the nation with an opportunity to right the wrongs of the 2007 general election. We had anticipated that if the elections were cancelled, the opposition will now hold the government to ransom that until the electoral process is reformed and Maurice Iwu (INEC Chairman) sacked, there is no point to vote in a new election. But the fact is that Nigerians know which of the judgment commands their respect and represents the truth, clear truth.

What have we got to learn from the Ghanaian election?

The lessons from the Ghanaian election are great for us in Africa, and Nigeria in particular. What it means is that democracy has found roots in Africa, and that Nigeria is just a disappointing story on the continent. Of course, it is clear from the Ghana example that the course of development will be accelerated because the groundwork for democratic governance has been laid. With the level of competition in Ghana now there is no way governance will remain at a low level. Every party will now see the need to perform, if elected or be booted out. That is the greatest lesson for Africa. It is also clear that the elite in Ghana played a leading role in stabilising electoral succession politics in their country. They have foresight, unlike the elite in Nigeria who are consumed by inordinate ambition to loot and loot and loot public treasury.

The judgment of the Apeal Court in Edo seems to be a departure from the appeal judgments in recent time, where judgments of the lower tribunals were upturned by the appellate court. How do you react to the one declaring Oshiomhole as the winner?

We are broadly happy with the judgment because it meets our expectations on truth and justice. The people of Edo State and all lovers of democracy in Nigeria and abroad must celebrate this judgment and the victory of Adams Oshiomhole at the polls. However, we are not sure whether this judgment represents a new page of boldness and integrity on the part of the Appeal court in dealing with electoral cases that comes before it. Though this case represents a victory for lovers of democracy, it may well be a pubic image laundering fit for the appeal court. The appeal court has been subject to public doubt in the manner it has handled electoral cases needs more of Oshiomhole type of judgments to be reassured that the appeal court is consistent in its application of integrity in resolution of electoral disputes. The public will want to see how they handle the case of Mimiko in Ondo State, Fayemi in Ekiti State and Aregbesola in Oshun State. It will not be long before we know whether the appeal court is engaged in public show or is serious with the mission of justice. It will not be long before we know whether the Oshiomhole case is just a grudging crumb from the Court to a dejected but democracy-thirsty public. While the public savors this judgment, our people's taste for democracy will not be quenched until the entire nation is liberated from a demonic cabal that has taken this nation hostage. The cabal may be applying the opium of half bread is better than none, but the public must go for more because destiny has put the survival of democracy in the hands of the people. Patriots of this country who are strategically placed in the judiciary, legislature and the executive must strike persistently at the underbelly of this cabal so that our people can be brought back to history.

What impact could this judgment have on the electoral system, given that a ruling party has just been dislodged?

The Oshiomhole judgment will raise hope in the electoral system if we see more of such judgments. However, if it is primed as a pubic show, the people will be more frustrated with the system. If it is followed by more 'yeye' judgments the people will continue to shake their head in disbelief of the system.

The implication of this judgment is that Adams is starting a fresh four-year term, thereby upsetting the electoral calendar in the state. How can this country avoid such occurrence in the future?

The electoral calendar has been disrupted not just in Edo but in a couple of other places such as Anambra, Kogi, Adamawa, etc. In other to stop this kind of occurrence in future we have canvassed that electoral disputes must be concluded before swearing in to office can take place. We have canvassed that elections must be held nine months before swearing in to give time for the disposition of disputed cases in court. Some have suggested six months while others have suggested three months. In addition we have also suggested a serious review of the current practice guidelines for judicial resolution of election disputes.

Has this judgment in any way added or taken off your concerns for the electoral system as is being worked upon by the Uwais Committee?

The Uwais Committee has dealt with the problem of this kind of judgments that alter the electoral calendar. There is nothing inherently wrong with a few instances of different schedules for elections in a few states but with many of such instances electoral management could become cumbersome. In that case there may be a time when the nation will call for sacrifice on office holders and order every state to a common timeline for holding elections.

What implication has Oshiomhole's victory has for the democracy movement, given that his success or failure would help mould the way people view the movement you all belong to, including Adams a former NLC president and member of LASCO?

The challenge for Oshiomhole is enormous, but the opportunity is tasty. In many ways Oshiomhole has won a personal victory to the extent that he is at the driving seat of this opportunity. He is the one to decide whether to keep his links with the labour and civil society movement or cut it. If he decides to maintain his links, the movement will swim the tide with him. There will be opportunity for genuine democracy to escalate from Edo to other parts of Nigeria. The movement will always be there to help him as he is there to help the movement. He needs space to act as leader of Edo State as much as the movement needs space to help him to succeed. Edo is one battle ground for Adams to meet the expectations of the movement or betray it. Adams is tested and we know what he is capable of. However, every new battle emboldens the badge of a people's leader or diminishes it.

An Adams Oshiomhole governing under the platform of AC: how do you see it against the background of those calling for the revitalising of Labour Party?

Adams ran under the AC ticket and whatever relations he wants to have with the Labor Party is up to him. His roots in the Labour movement helped him to win the election and continued to sustain his image in the public while his case lasted in the court. The relationship between individuals and the parties is still very fluid in Nigeria. Anything can happen. Many did not expect him to run under the AC ticket but he did and everyone is happy about his victory. Whatever he does with this victory that makes everyone happy may likely be acceptable. If his strategy is to contribute in building AC into a people's movement fine and good; and if the same is his strategy for the Labor Party fine and good.

What are your expectations of the former NLC leader who will be leading a government peopled largely by the AC apparatchiks, probably a platform not too different from the much-criticised PDP?

We expect him to be different. We know it will be hard but we expect him to be different. He needs the people to be different. If he stays with the people under whatever umbrella he will be different. It is our relationship with the people that primarily defines who we are. He probably wanted to run under the Labour Party ticket, but he did not, why? Only he can answer that question to his taste. It is important that we do not judge him by labels but by the substance of his contributions in helping to bring the people back to history. There are people in AC and PDP that have the people in their hearts. Adams must not allow labels to prevent him from reaching out to such people.

It is not unlikely that certain contracts may have been given out by Osunbor under tetchy arrangement. How should he handle it to avoid spoiling his career?

I do not know which career you are referring to. However, we expect Adams to let the rule of law and public accountability reign in Edo State. If contracts are awarded under shady and looting arrangements he would have to investigate and prosecute alleged culprits. Beyond that people expect that he will lead by example in awarding new contracts. The corrupt cabals are very entrenched throughout the states of the federation. If Adams joins hands with the people in fighting corruption he will prevail over the looters of public treasury. If he decides to fight alone like a Tarzan, he will fail woefully in that area.

As a populist, would you like to see Oshiomhole maintaining the office of the First Lady which has been criticised as illegal?

Populism is both derogatory and progressive and I don't know which one you apply to me. You know that Hitler of Germany was a populist, and demagogues can easily be mistaken for democratic minded and people centred persons. If the office of the First Lady is illegal, Adams should not maintain it; and if it is not right, Adams should not legalise it.

We expect Adams to begin the process of reviewing all laws and cultures that undermine the rights of women in Edo State. We expect him to fight and win the battle for the domestication of the Convention for the Elimination of All Discrimination against Women (CEDAW) in Edo State. We expect him to fight for the entrenchment of 35 per cent affirmative action for women in public offices in Edo State. We expect him to uphold a strong drive for the education of the girl child.