abdulraheem
“We must state that we do not necessarily agree with all the decisions of
the various courts. Nonetheless, we have refused to interfere with the
judicial process as it is our firm belief that upholding the rule of law is
the only way in creating confidence (SIC) in our system of government
… It is important that the judiciary does not fall into the temptation of
delivering decisions merely because it appears to be the popular one at
that point in time. A decision may be apparently popular because it
accords with the sensitivity of the people at a given time, but may be
wrong according to law. We should have in mind that the effect of this
apparently popular decision is usually not confined or limited to the
case at hand. It will govern subsequent cases in a similar subject matter
under our principle of judicial precedent”. – President Umar Yar ‘Adua
When we examined the various topics for editorial commentaries at the weekly meeting of our Editorial Board, last week, we reached unanimously very easily, about what should be written in respect of President Umar
Yar ‘Adua’s address to this year’s All Nigeria’s Judges Conference. We all accepted that the president committed a serious error of judgment by making that statement about judges delivering decisions “because it appears to be the popular one at that point in time”. It seemed to many of us, that either Malam Umar Yar ‘Adua did not see the text he read before it was delivered at that conference or something really difficult is going on in the inner recesses of governance in Nigeria, that mere mortals that we all are, could not fathom. Somebody even suggested that so bad was the content of the presidential address, that even if he had not been privileged before hand to see the text of that address, he ought to have stopped reading the piece at the point that he noticed a not- too-subtle dig at the judiciary, which could be Mis-interpreted as an effort, a very poor effort meant, at intimidating the judiciary or re-directing the tone of judicial decisions. Whatever was the intention of that text, it dearly did not help the integrity of the president. In my view, what came to the fore with that address, wasn’t a presidential performance, but the exposure of the bare knuckles of a political party man, who is increasingly alarmed at the ways that the judiciary is dismantling the elaborate edifice of deceit which his party architectured on the Nigerian political landscape, with the massively flawed elections of April 2007. The impostor, Nnamdi ‘Andy’ Uba was the first to be knocked off his seat as a so-called governor by Nigeria’s judiciary. It was without doubt, one of the most widely-acclaimed judicial decisions in recent Nigerian history. The happiness which the removal of that impostor as governor of Anambra State, generated amongst the Nigerian people, was as a result of the brazen act of fraud and manipulation, which had produced Nnamdi ‘Andy’ Uba’s pyloric victory in the first place. As other decisions to annul elections threatened to resemble a ‘domino effect’, it was predictable that the members of the president’s political party, the PDP, would begin to feel threatened about the long term consequence of the trend of judicial pronouncements. The President’s position has not been helped by the fact that from early, in his presidency, he had declared severally that he was going to run an administration which respects the doctrine of separation of powers, will uphold the rule of law and will not undermine due process. These declarations had helped in no small measure to boaster the presidents’ position in the court of public opinion in the country. He stood in sharp contrast to the bullying tactics of his predecessor and the prompt manner that he directed the implementation of judicial decisions in Anambra or even Rivers State, were very much appreciated by a country that could not forget in a hurry, the propensity to subvert, ignore or pick and choose, what judicial decisions to obey in the previous eight years. It was this background which staggered the surprises that people felt, when president Umar Yar ‘Adua addressed the judges conference. So from the hour of resolute defence of the constitutional order, the president descended into the “Roforofo” arena of playing politics with the judiciary and its learned pronouncements. The party hawks got the better of the cautious side of Malam Umar Yar ‘Adua, and it was obvious, that the voice might certainly be Esau’s’, the hand belong to Jacob! Mister President is caught in the vortex of an unfolding contradiction. As far as the PDP party hawks are concerned, the pronouncements of the judiciary are taking a life of their own, and in real terms, they constitute a danger to the fraudulent hegemony which the PDP has imposed on the nation. Malam Umar Yar ‘Aduas’ perspective that the rule of law must be obeyed is like a twin sister of those judiciary pronouncements, form the stand point of the PDP apparatchik. Beyond the niceties of declarations of principles in respect of the rule of law; beyond the “delivery of popular decision” by the judiciary, the tendency which crafted the presidents’ address or which influenced it, is actually seeking the use of Executive power to blunders the judiciary or intimidate and or bribe it. Unfortunately, the president is first and foremost a politician; he came into office on the platform of the PDP; he himself is a part master of the smoke-filled, intrigues of the inner recesses of politicking and a well-heeled operative of the cloak and dagger world of political manipulations. When he spoke to caution the judiciary not to fall “into the temptation of delivering decisions merely because it appears to be the popular one at that point in time”, he too was trading away presidential caution and in its place, he adorned the toga of the party man. If you looked closely, the man was holding the torn and leaky umbrella of the PDP! I say that half-jocularly, but it given a poignant indication of the service of that un-presidential admonishment of the judiciary. What we might add is that the president should pause to reflect that those judicial decisions which he does “not necessarily agree with” have in fact The Writings of a Media Life. been some of his greatest points of support since he came to power on the crest of a massively flawed election that even he was modest and honest enough, to accept as such. It flies in the face of all that we all have experienced in Nigeria in the lead to the April polls and the massive rigging which the PDP, INEC and the security forces perpetrated, to think the judiciary would not have come out with decisions that Malam Umar Yar ‘Adua and his political family “do not necessarily agree with! Even for the take of the legitimacy of the state apparatus, a judicial process which offers hope of justice for the aggrieved is the best form catharsis, which strengthens the hegemony of such a state. It is this overall tone of state legitimation and hegemonic control by the ruling class, which Malam Umar Yar ‘Adua in fact subverts with his statement. The judiciary should take polite notice of the admonishment, subtle intimidation or the effort to influence that might be contained in that address. However, they should reject it totally, because they have a constitutional duty to play, which does not depend on pleasing the president, the Executive branch of government, political party or individuals. The maiden of justice is said to be blind and she sharply administers justice, without fear or favour. That is what Nigerians have applauded in recent judicial pronouncements; if they don’t satisfy some interests, in politics or governance, it is because such interests have been on the wrong side of the law. They feel worried about the elaborate machinery of fraud which they have instituted in this land, and now the judiciary seems to be puncturing their big lie! If the presidential faux pus can be understood within the context we have constructed above, it is equally important to deconstruct the desperacy of Nnamdi ‘Andy’ Uba, to use the judiciary to “reclaim” his perch as the governor of a Nigerian State. In recent weeks, that impostor has used his reputed fabulous wealth, to try to reposition himself in public opinion as the “wronged party” in the landmark decision by Nigeria’s Supreme Court, to throw him out as “governor” of Anambra State. A series of tendentious write ups have appeared in several Nigerian newspapers (including even DAILYTRUST!) urging Andy Uba’s “case” and The Writings of a Media Life. saying that the apex court of the land erred to have removed that impostor as “governor”. It does not surprise us that Professor Maurice Iwu’s INEC even joined itself in Nnamdi ‘Andy’ Uba’s “do-or-die” effort to become a governor, so that he can earn that shield of immunity as governor, over an eight year period. It does not surprise us, because under the discredited Obasajo regime, Nnamdi ‘Andy’ Uba enjoyed sovereignty over NNPC affairs as well as INEC. It is claimed that he single-handedly-facilitated Professor Maurice Iwu as head of the electoral body and the quad pro quo, was the fraudulent manner that every serious candidate was barred from running in the governorship race, to facilitate Nnamdi ‘Andy’ Uba’s “Victory” that there were more votes than the number of registered voters. They schemed so much, but God in His infinite mercy, decided that the Nigerian people of Anambra State will not be saddled with the lowest common denominator, an impostor of questionable credentials, whose claim to fame was being the minder of presidential dirty liners, as Obasajo special Assistant on Domestic Affairs! Never mind that he sufficiently manipulated that position so adroitly to become a fabulously rich man, who positioned himself into so much relevance in the horror regime of Obasajo and his PDP apparatus!! I had been very worried about the silence from the learned circles of law about Nnamdi ‘Andy’ Ubas’ new case to compel the Supreme Court to revisit the decision to throw him out of the false perch he occupied for a few weeks as “governor’ of Anambra State. Thankfully, the Nigerian Bar Association (NBA) came to my rescue last week. NBA President, Olisa Agbakoba, in a statement that was widely reported by the media on Wednesday, November 7, 2007, condemned Nnamdi ‘Andy’ Uba’s application to be returned to power and the decision of INEC (Maurice Iwu’s INEC!) to join force with Uba in the matter. “It is worrisome that INEC has joined politicians to ask the Supreme Court to set aside its judgement, knowing well that the Supreme Court is the final court. The assault on the finality of the Supreme Court is unfortunate. Our position is that the judgement of the Supreme Court is final. “The finality is a matter of public policy and it is The Writings of a Media Life.for the good of the common wealth”, were according to the NBA President. Mister Olisa Agbakoba went further that “litigation must have an end and if parties before the Supreme Court can go back and successfully apply to it to set aside its judgement, then the system is finished. It means the Supreme Court is no longer final”. DAILY SUN reported that the NBA expressed concern. We “the brazen attempt to trivialize the Supreme Court” and called for the review of it the ruler of the Supreme Court in order to strengthen the finality of its decision. On Nnamdi ‘Andy’ Uba’s application, the NBA said the matter should not be elevated to the level in which a full panel of the apex court would determine. “Some applications like the one asking the Supreme Court to set aside its judgement ought to be considered by one justice of the Supreme Court and stuck out for incompetence”. What more can we add to this well considered opinion of the NBA President? Not much! But as a point of interrogation, why is Nnamdi ‘Andy’ Uba so desperate to become a governor of a Nigerian State? To be sure, Nnamdi ‘Andy’ Uba, belongs to the discredited regime of Olusegun Obasajo; a regime that was constructed on a foundation of lawlessness and found, as we witnessed in the privatization process which transferred our national patrimony into the hands of Obasajo and his cronies. In the eight years that he worked as the minder of presidential dirty linens, Nnamdi ‘Andy’ Uba, whose qualifications we mired in controversy, gradually consolidated his position to become one of the most powerful individuals in Nigeria’s seat of power. He was directly supervising the cash of NNPC and the electoral body, INEC. After becoming so stupendously rich, the next thing to gun for was political power. There were many inter-related factors here. In the first place, Nnamdi ‘Andy’ Uba represents Obasanjo soft underbelly, and the old, discredited despot was not going to take chances. There were stories making the rounds, after the defeat of the third term
agenda, that Obasanjo preferred to have Nnamdi ‘Andy’ Uba, as
the Vice Presidential candidate of the PDP at some point. But so
The Writings of a Media Life.reviled even willing the PDP was the controversial Nnamdi
‘Andy’ Uba that Obasanjo had to drop that intention. But the
issue was that Nnamdi ‘Andy’ Uba must have immunity, for the
sake of the old dictator. That was why they pulled all stops (using
Maurice Iwu’s INEC), to rug in Andy Uba as “governor”. But
then the judiciary trusted the bubble! Nnamdi ‘Andy’ Uba cuts a
tragic forgive, whose blind ambition flies in the face of the
realities of Nigeria, in the post Obasanjo era. He is too much part
of the problems of the past eight years, that Nigeria’s will actually
like to have him one day in court, not attempting a quixotic claim
to governorship, but explaining the source of his wealth sun
tanning Obasanjo’s duty linens to rid us of the lice and giving an
account of the husbandry of the NNPC and the huge funds that
went into INEC, which facilitated the fraudulent electoral
process of April 2007. But I have no doubts in my mind that such a day will soon come and we shall see Nnamdi ‘Andy’ Uba, singing like a bird. Its a matter of time!
