Shagari Must Be Punished

Chief Gani Fawehinmi, fiery Lagos lawyer, bared his mind on the state of the nation before he returned to London, where he is receiving treatment for lung cancer

Q: We know you must be happy over the radical judgments from the tribunals?
A: What is radical about the judgments? Alhaji Umar Yar’Adua rigged election to be president. But the Justice James Ogebe-led Presidential Election Tribunal gave Peoples Democratic Party (PDP), Independent National Electoral Commission, INEC and Yar’Adua clean bill of health. The judges knew they were desecrating justice and insulting the sensibility of Nigerians by that judgment. Outside the Benin judgment that gave victory to Comrade Adams Oshiomhole as Edo State governor, the other judgments are contradictions and fell short of justice. Look at the Sokoto and Kebbi states Governorship and Houses of Assembly Election Petitions Tribunals. Both Wamakko and Dakingari’s nominations were fraudulent because their party, the People Democratic Party PDP did not comply with provisions of both the 1999 constitution and the Electoral Act 2006. The two men had not resigned from the All Nigeria Peoples Party, ANPP before the Peoples Democratic Party PDP gave them the tickets to be governorship candidates. Of course, they rigged their way to power. This contravenes Section 221 of the constitution, Section 32 of the Electoral Act and paragraph 27 (3) of the 1st schedule to the Electoral Act. The Wamakko case is even worse because he was a governorship candidate of the ANPP at the time PDP chose him. Double nomination is electoral fraud and Section 32 of the Electoral Act prescribes punishment for both the party and the candidate. Wamakko remains disqualified from participating in the event of a re-run in addition to paying fine of N500,000. PDP can not field any candidate in the election.This means that the party can only participate in a governorship election four years after the person who had won has completed his first term.