Abdullahi Is On Course

The President of Nigerian Bar Association, NBA, Mr. Oluwarotimi Akeredolu, SAN speaks with GBENRO ADESINA on the judgment of the Court of Appeal in Edo State and sundry matters

•Mr. Oluwarotimi Akeredolu, SAN

Q: How do you see the judgment of the Appeal Tribunal in Edo State and its implications for our democracy?
A: The ruling of the President of Court of Appeal, Justice Umar Faruk Abdullahi, affirming the verdict of the Edo State Election Petitions Tribunal verdict that Comrade Adams Oshiomhole of Action Congress, AC, won the 2007 governorship election is a victory for democracy. It is an indication that there is hope for Nigeria that wrongs can be made right by the judiciary. It is an indication that if election was rigged by a political party or an individual in favour of their candidate, the court of law can reverse it and declare the rightful winner, asking such to assume office with immediate effect, as in the case of Edo State. I must also say that the ruling of Appeal Court on Edo State is a confirmation of the practical implication of the rule of law as well as affirmation of the doctrine of separation of power: where the judiciary is able to assert independence, more so in a situation where the Independent National Election Commission, INEC, erroneously believes that it is part of the presidency rather than being an independent umpire. There is a need to put an end to the abuse of power by INEC.

Q: Do you think it is right for Justice Abdullahi to preside over the case; does that mean that he cannot find trustworthy judges to handle the case?
A: There is nothing wrong in him presiding over the case. He just discharged his primary statutory duty. He can preside over any matter as long as he has the time. Don’t forget that he is the President of Court of Appeal; he is the head of the court that will be held responsible for anything that happen in the court. That he presided over the case does not mean that there are no credible judges who could as well have presided over it and still come out with a good judgment. There are lots of good judges.

Q: What is the challenge facing the judiciary?
A: The challenge facing the judiciary is that they should ensure that election matters are addressed urgently. Judiciary should do everything possible to quickly adjudicate all election matters. To do this, it should deploy judges to the affected areas to deliver justice based on fairness.

Q: What is your view on the allegations of corruption levelled against the tribunals and how can Abdullahi remedy the situation?
A: There is no system that does not have bad eggs, including tribunals. There are bad eggs everywhere including tribunals. No system is perfect. However, despite the fact that we have few bad eggs on the bench, we still have good eggs. We still have trustworthy judicial officers of proven integrity and reputation. We have judges that are still committed to justice based on fairness. I must tell you that the judiciary is still credible against all odds. Besides, we need to trust our judiciary. I have said time without number as regard corruption on the bench that anybody with concrete evidence that shows that an officer of the judiciary is corrupt should come forward and present his evidence. NJC is saddled with the responsibility of punishing erring officers and I want to let you know that if any officer is found wanting in certain areas, such officer will be seriously dealt with. So please come out with your evidence that establishes that a judge is corrupt. As for the role to be played by Abdullahi to remedy corruption in the system, I want to point it to you that he has no business in this. It is largely the business of NJC.

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