Still on court cases, justice and democracy
By Emmanuel Y Kwache
(emmanuelyamekwache@yahoo.com)
I STILL want to commend our members of the bench and bar, the varying lawyers and barristers in firms and chambers, magistrates, high court judges and judges of the Supreme Court for being on the side of truth, fairness and justice. This is the time to extol the virtues of those who are fearless. brave, courageous and confident in executing their civic duties with fear of God.
It will not be out of place to even commend, other workers and categories of staff who work with private firms or employees of the judiciary and have assisted one way or the other by looking deep into the books bringing up the relevant sections their principal partners want from our constitution, relevant legal documents, landmark cases, copious pages from Nigerian Weekly Law Report and correct subsections for guarding democracy.
Those who want justice in this country, especially politically, have suffered injustice and the executive has been transgressing and sometimes the legislature can be unruly so says Retired Justice S.M.A Belgore, but the Judiciary has stood the test of time. And so it is.
The judiciary is the last hope of the commonman. We must continue praising those who are on the side of Godliness, boldness and can save humanity from tyranny, dictatorship, lawlessness, constitutional breaches, illegality, disobedience of rule of law and other forms of oppression, repression, political terrorism, despotism and all sorts of evil.
I have decided to seek for space to air my views and opinion following restraining of the Independent National Electoral Commission from verification and screening of candidates for this year’s general election. The Interim Order was given recently by Justice Babs Kuewumi. The Action Congress challenged the verification exercise as illegal.
Justice Babs Kuewumi granted accelerated hearing of the suit in which INEC was the sole respondent. In the substantive suit, the plaintiffs are asking the court to hold that the verification or screening of candidates embarked upon by the INEC, is illegal, null and void.
Similarly, last year, Anwuri Chikere of the Federal High Court in Abuja had on December 20, set aside the charges which the federal government preferred against Atiku.
There have been other similar judgements delivered by serious judges who want to be remembered for a long time to come for their fearlessness, just like Justice Inumidun Akande of the Lagos High Court, who sometime, the previous year, vacated the charges against Chief Otunba Johnson Fasawe, alongside Vice-President Atiku Abubakar in a so-called discriminatory indictment by a contrived EFCC and Administrative and Panel Investigations. Additionally, in the Court of Appeal Holden at Abuja Judicial Division on Friday, the 12th of January 2007 under Justice Umaru Abdullahi, president, Court of Appeal and other Honourable Justices Isa Ayo Salami, Olukunlola O. Adekeye, Abdu Aboki, Chidi Nwaoma N. Uwa ruled courageous on the charge by the federal government that wanted Atiku to vacate his seat.
In the final analysis an order of interim injunction was granted by this court and all parties were therefore ordered to maintain status quo ante bellum, pending the determination of the suit.
Parties should refrain from taking any step or steps which may have the effect of rendering the decision of the court and the Supreme Court nugatory.
Besides, those mentioned, we have other landmark judgements by Justice Musiliu Oniyangi of Gwagwalada High Court, who several times in the past delivered spectacular judgements on the side of truth, the people, those who are victimised, the masses and persons persecuted.
We understand too, Justices Rose Ukeje and Idris Kutigi are said to be highly brave and intelligent and may not at any cost soil their hands and names at this volatile time.
For Nigerians who are watching from the sidelines, we must watch with keen interest and record events that make meanings to us, at this point that democracy is endangered. I will end this piece with this quotation from Professor Maurice Iwu, chairman, Independent National Electoral Commission. This is relevant to the discussion under review. ‘There is an attempt to paint INEC in a colour that is not its own, but it is not enough for the commission not to do its job. All power is given by God and he will do whatever pleases him. INEC should not be used as a battle ground.” The truth is let it be true, Nigerian youths, the electorate, the citizenry are watching those who are cowards in taking decisive decisions. We will keep records until D-Day.
But, meanwhile those who deserve commendation as they have been seen to be doing something good have our support totally. This is the time for the judiciary to arise.
I will finish like this: Insecurity, joblessness, poor infrastructure, arrogance in governance, corruption in high places, nepotism, moral decadence armed robbery, forgery, ignorance and illiteracy, all our assets are sold and very soon, this country will have nothing to fall back on. May God help us.
EMMANUEL Y.KWACHE,
No. 30, Gambia Crescent, Bekaji Estate, Jimeta, Yola. Adamawa state.