Fred Agbaje, constitutional lawyer spoke to Ernest Omoarelojie
Q: How would you appraise the Appeal Court judgment in Edo State?
A: The judgment of the Court of Appeal in respect of the governorship election in Edo State, to me was a realisation point in the political
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| • Fred Agbaje. |
and constitution of our great country. Particularly having regards to the antecedents of the type of politics that Edo State has been noted for in the last nine years, in which the political jugular of that state has been held to ransom by a retired policeman and a retired army officer. Together they held the political testicles of the state until the Court of Appeal damned the politics of tribalism of the state and went ahead to pronounce justice, not judgement, because there is a wall of difference between judgement and justice. What the Court of Appeal did in Benin, which was an affirmation of the judgment of the Election Tribunal, was not a judgment but justice, because when a court gives a judgment that is bereft of the justice of the case, the fairness of the case, then one can conclude that the court delivered a bare judgement. But when a court delivers justice to the people, like it happened in Edo State, the people themselves would be the crystallising point that will applaud the judgment, not the lawyers.
If the particles of justice arising from the judgment get to the grassroots and they feel that impulse, what happens at the end of the day is a situation of Daniel coming to judgment, a situation of real justice, real and substantial justice, not technical justice, coming to play. You can deduce the substantiality of that justice found, as it was in Edo State, in a situation where the Okada riders took over the entire city of Benin. I have never seen anything like that before. That cannot be a judgment, it was justice. I am so happy that this thing happened in my own state, where I come from the minority area, Akoko Edo, the same area where the worst ever rigging took place. As far as I am concerned, the hallmark of that judgment is that the era of god-fatherism is over in Edo State.
If the particles of justice arising from the judgment get to the grassroots and they feel that impulse, what happens at the end of the day is a situation of Daniel coming to judgment, a situation of real justice, real and substantial justice, not technical justice, coming to play. You can deduce the substantiality of that justice found, as it was in Edo State, in a situation where the Okada riders took over the entire city of Benin. I have never seen anything like that before. That cannot be a judgment, it was justice. I am so happy that this thing happened in my own state, where I come from the minority area, Akoko Edo, the same area where the worst ever rigging took place. As far as I am concerned, the hallmark of that judgment is that the era of god-fatherism is over in Edo State.
Q: As ground-breaking as that judgment appears to be, will it in any way remove the stigma of previous questionable judgments passed by the Appeal Court in certain other states?
A: I am not saying that all is well with the judiciary, particularly with the electoral tribunals and court of appeal because I know that so many justices of the Court of Appeal are under scrutiny for the roles they played while sitting over some of the electoral appeals. What I am saying in essence is that though all is not well, I will still give the judiciary 90 per cent pass mark. They have done excellently well. The way the judiciary has been looking inwards, to purify itself through various internal control mechanisms to deal with cases of corruption in the system, is commendable. The National Judicial Council, NJC, must also be commended. The way the judiciary itself and the NJC have been going about in disciplining erring judicial officers is highly commendable. It has been established that once there is a proven case of corruption against any judicial officer, he must be made to answer the question. That is a good development. I am not saying that all is well. There is still room for improvement. A lot of people have asked me why what happened in Edo State has not happened in Enugu with the case of the Senate President? My simple answer in all the cases is that just as there is only one Barack Obama, there is only one Adams Aliu Oshiomhole. You can’t have another Oshiomhole elsewhere. What I am saying is that he who feels the pain knows where it is coming from. Don’t forget that Edo State is a mini Nigeria with Yoruba, Ibo and Hausa-speaking areas. If you now circumvent the will of all these people, should that state be the sort election rigging should be encouraged? Will you not be short-changing the popular will of the people if you do so?
Q: Some observers are of the view that Abdulahi allocated the cases in Edo, Ondo and other areas to himself in order to save the country’s democracy. Do you share this view?
A: Abdullahi is one of the most excellent justices that you can think of in this country. I am saying this because I have met him one on one. The man is a silent worker. Abdullahi is a Nigerian, he feels the Nigerian pain like you and I. Unlike you or I who probably would rush at taking decisions, he takes his time. For a man who has virtually spent the whole of his life on the bench, he knows the judicial terrain very well and he does not want to make any mistake. He knew the criticism that followed the Sokoto and the acquittal of the Senate President cases. He knew what happened in Jos. So a man of his calibre would want to do a thorough job. Why did he not announce the names of justices that would sit on the case? He did not. He kept it to his chest because he knew what he was doing. That is why I said the man is a Nigerian who knows the Nigerian judicial terrain very well. He did not go to Edo State to vote for Oshiomhole but I am sure the man knows the feelings of the people of the state and I know he is familiar with the injustice that was perpetrated in the state. All he needed to do was to get the best of the judiciary and liberate the state. The justices that were sent there went, they saw and they conquered. They delivered not judgment but justice as witnessed by the tumultuous crowd that went on jubilation that day. They decided and their decision tallied with that of the people of the state. That is justice that sat comfortably well with the people.
I know some of them who will, at any point in time, be ready to deliver justice, not just judgment. Even Justice Abdullahi knows them. That is why I said the man is very familiar with the judicial process. How much are you going to give to Justice Ayo Salami of the Court of Appeal in Lagos? He was in the Court of Appeal before I was called to the Bar. What is it that he has not seen? Such people want their names to be protected so that other generations will inherit it. So the fact that the man has less than one year to go does not in any way influence what he is doing now. He will do what he knows how to do best and deliver not just judgment but justice as well. So many of the people parading themselves as chief executive of the states, particularly in the South-West, will soon find themselves out of seat very soon. They will find themselves out of Government House very soon. Justice will be delivered in most of the states, particularly in the South-West. I can tell Nigerians that they can go to bed now and sleep because they have no reason to fear anything.
Apparent biases manifested for example in Ekiti where forensic evidence was discountenanced in the judgement. There are other instances.
I have told you and I was specific that in the South-West, so many governors parading themselves as chief executives of state will be out of work very soon. I was very specific with the South-West and I don’t have to name names. Those governors whose elections were tainted with all sorts of illegality and unconstitutionalities will soon find themselves out of offices like fishes out of water because the type of judicial wind blowing through the political and judicial landscape does not admit any favouritism, or any judicial officer putting his hands on the plough and looking back. That officer must go and all those who have shortchanged the electoral process are on their way out.
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takebo alani
24 November 2008 14:32That Edo judgment/justice of Appeal Court was a masterpiece. It was not for Edo State alone, but for all Nigerians. Oshiomhole is our own Nigerian Obama. We are expecting something like that in the rest Appeal Court. After that, the youth will come out in full force to contest 2011 elections in all categories because we will rely on electorate to vote. We have been afraid of our fix-it leaders who just put some people there as they liked. Now the judge of appeal court is telling us that Nigeria belongs to everybody to contest any election and make it good by giving such masterpiece judgment/justice. I am from Ogun state but very happy indeed. Nigeria will soon become good if this kind of justice is done to people. Every Nigerian knows that PDP fixed anybody it wants because they are the party in power not knowing that it is ruining Nigeria democracy little by little till anarchy come but thank God that the Appeal Court has began to save good people of Nigeria. 2011 election will be different.
Dr Pat Kolawole Boboye
24 November 2008 17:23Almost all south west governors would go if democracy must be adhere to in the case of 2007 massively rogged elections by PDP-Obasanjo/INEC-Iwu.But maybe one or two might survive the democratic remedy through the appeal court re-examination.Ekiti state,Ondo state and Osun state might faxce tough time and huge challenge of legitimacy at the Federal appaeal court because. they were all rigged into office.At best,Osun state,ondo state would not survive and probably Ekiti state too.I wonder what might be the fate of Oyo state and Ogun state appeals at the end.They are very desperate governors who are ready to do anything to stay on illegitimately. Dr Pat Kolawole Boboye,Canada.
sly
24 November 2008 21:00is a sign of good thing to come in edo state which other state will as well emulate..
Kenny Ayanwale LLM.
25 November 2008 11:39Hello People,
it seem surprising to many of us who lives in the diaspora, because we are not expecting anything rather than to announce or read from a piece of paper from the presidency that Prof Osunbor is the winner, but the dimension changed to good.now that there is hope ,the oldman justice Abdulahi could be sent away on the basis of this historical judgement, but he will forever remains the best judge in that country Nigeria. But if the amiable judge could do or try and deliver same patriotic jugdement in other states like ondo, oyo, osun ,ekiti and others for the benefits of the people living in that country ,i think it will be an history to be written in a textbook on Justice Abdulahi. And moreso the qualification of Prof Osunbor will be subject to doubt, because for a whole prof of law to be involved in fraudlent election and as to put himself in a position to be get ablamed, then you should check him very well. he is not protecting the integrity of the law proffession in nigeria. let us learnt from the western world.if a lawyer can be involved fully in fraud /stealing of someone mandate .then is qualification is then questionable. inconclussion, Yardus government would do better than what people expects, he did not involved/interfere in the judicial ,and every body knows that the AG Andoaaka IS NOT HELPING THE NATION (NIG). keep watching and sooner or later the bubble will bust. and this same people are lawyers but misleding the millions of us through their law knowledge, see the reports he wrote to as to help IBORI the corrupted Gov of Delta, and even, this gentle-man children are all about in london jostling for british leave to remain, but very soon the press will be made to be aware.
onyechi uzo
25 November 2008 12:05lets not rejoice too soon. time will tell what’ll become of Oshiomole. will he confront the “thieves” who are responsible for the failure of past administrations or not. time will tell. but please dont rejoice too soon. there may more to the man than we know.
Akeem Alabi
26 November 2008 13:57Nobody will tell a blind man that the market is over; it is over for PDP incubency power on judiciary and I am sure all the South West Governors will did not win any election and they should get ready for justice.
JOSIAH A. ILORI
27 November 2008 09:31SOONER OR LATER, THE TRUTH SHALL PREVAIL. THE EDO STATE GOVERNORSHIP RACE WHICH HAS FINALLY BEEN DECIDED BY THE APPEAL COURT IS THE BEGINNING OF MANY GOOD THINGS TO HAPPEN TO NIGERIA. THE DECISION OF THE COURT IN FAVOUR OF MR. OSHIOMOLE IS MUCH EXPECTED. ALL ALONG, MR. OSHIOMOLE MAINTAINED ABSOLUTE CONFIDENCE OF SUCCESS FROM THE APPEAL COURT. COUPLED WITH THIS CONFIDENCE IS THE FACT THAT JUSTICE ABDULAH IS NOTED TO BE A MAN OF HONOUR WHO IS READY TO VACATE IS POSITION IN ORDER TO PROTECT DEMOCRACY. WE NEED HONOURABLE, DEDICATED NIGERIANS LIKE ABDULAHI TO BRING ABOUT THE MUCH DESIRED RESPECT TO THE RULE OF LAW IN THE COUNTRY. THE JUDGEMENT IS OUTSTANDING AND WORTHY OF EMULATION TO OTHER JUDGES IN NIGERIA. I BELIEVE THIS IS THE BEGINNING OF MANY GOOD THINGS TO HAPPEN TO NIGERIA. LONG LIVE THE FEDERAL REPULIC OF NIGERIA.
Iyke
27 November 2008 10:52I believe Adams will work for the masses especially judging from his antecedants as NLC leader. However in Nigeria, people can change overnight and the coridors of power stinks that it does not accept people with principles. One thing is clear, AC is the political party that will transform Nigeria to achieve her true potentials as a great country hence Adams will surely deliver democracy dividend to his Edo people.Lagos and Edo will lead other states to have rethink and know which party to support in future elections. As for election rigging and electoral tribunals, only time will tell if they shall still be relevant in future Nigeria elections. AC’s performances in Lagos and Edo will make peoples vote to determine who will lead them and the party to vote.
alex amen okosun
27 November 2008 21:13Well, make una tell oshiomole say him too talk , because edo people don dey wait for am since and make him no dey deceive us with khaki french suit. i hear say he don dey work together with edo pdp on coalition aka Anenih faction, well him go soon learn real poltik not labour politik, so make una tell am say khaki no leather.
Kajogbola bojuwoye
1 December 2008 21:11All this is a drop in the ocean. I disagree with Agbaje that the judiciary has now scored 90%.What are his parameters for the score? Has he reviewed the tribunal judgments in Kwara State, where in desperation the tribunal had to remove the word “NOT” from the passage of a Supreme Court judgment in order to stand the judgment on its head and achieve an obnoxious result? What about elementary principles of law that the tribunals threw overboard to hearken to the win-at-all-cost attitude of the PDP? Do admitted facts need further proof? Does one have to give evidence on the contents of an election result sheet that was admitted by consent of all parties, showing palpable evidence of manipulation, alteration etc,? My brother, the judiciary is far from it. Has it happened anywhere else that a tribunal will issue a subpoena and unilaterally cancel it without any appropriate application by the party concerned? What about nocturnal visits to the tribunal members by the Attorney-General who follows up by his intimidatory presence in court the following day when he’s not appearing before the tribunal in a professional capacity? The judiciary in Nigeria needs liberation from self-destruction, because a day will come when people will openly disobey judges even in their same presence, for giving absurd orders. A good number of these judges will die ignominous deaths, after suffering greater injustice than they helped to perpetrate.
Bill Joe (UK)
4 December 2008 18:48Well, I think what the Gov of Oyo state might do to stay on is to muster all the powers that be in his possession to sustain the tempo of his illegitimacy. What readily comes to mind is the fact that he is from the Police force and the EFCC is like his relation, but there is a note of warning for him.He has to discontinue the face-off between him and the Olubadan of Ibadanland. First and foremost, this man is more learned than he is and also the man is an icon when it comes to politics or who does not know Chief Lana of NPN in the 70s and 80s. If he is still at logerhead with him rubishing all that the Ibadanland and its people stand for, he will definitely get booted soonest.
The Oyo state gov wants to make history by crooks, it does not work like that. We want to see justice done in Oyo state so that life can be meaningful.
God Save Nigeria!!!