On-the-supreme-court-judgment-on-bayelsa-state-governorship-election-the-way-i-see-it
September 7, 2020 | News
ON THE SUPREME COURT JUDGMENT ON BAYELSA STATE GOVERNORSHIP ELECTION - THE WAY I SEE IT
With regard to the Supreme Court's, rather hasty judgment that abruptly sacked the Bayelsa State Governor-elect, David Lyon, while I am not here to speak for, or against any individual or political party, but there is need for us to be objective, and apply common sense on this issue.
In my own candid opinion, the truth is that the Supreme Court cannot be the prosecutor, and at the same time be the judge over a case that has gone from being an electoral (civil) matter to a criminal matter of forgery. Forgeries are criminal issues and not civil cases, and which ought to be investigated by either the ICPC, the DSS, the Code of Conduct Bureau, the Police or any other security agencies concerned. They are the ones that should prosecute the forgery issue in the law court. In other words, until the forgery allegation is properly charged to the court by the relevant security agencies, the Supreme Court does not have the power to pronounce a judgment based on that ground. It is when there is an existing judgement on criminality against the man, that the Supreme Court can use same to make their judgment. But in this case, the allegations of forgery were never charged to any court in the first place. It is common sense.
The Nigerian judiciary, by that judgment, and many others in the recent past, has simply made themselves become an Institution that can be blinded by the highest bidder, and they no longer have the required integrity to objectively deliver sound judgments. Otherwise, how else can we explain their recent judgments on election petition cases?
There are other constitutional flaws in the case of the Bayelsa State judgment, which I don't want to talk about here. But the fact is that if there are forgeries, then the person concerned should be arrested, prosecuted and convicted by the law courts. The Supreme Court can't take the role of the security agencies. Every institution has its own legal roles as enshrined in the Nigerian constitution. Also, the Deputy Governor is simply selected as a 'running mate', and votes were obviously cast in favour of the candidate who came out to contest for the governorship election. I see no basis or justification for the Supreme Court's judgment. Take the case of the Kogi State 2015 governorship election situation as an example. The then sitting governor, Abubakar Audu who was going for re-election, died, and his Deputy was not sworn in. Yet in this case of Bayelsa State Deputy Governor certificate forgery, the Governor-elect was disqualified. Even though the circumstances are not the same, but how do we explain this because it shows that what affected the Deputy Governor-elect ought not to be used or relied upon to decide the fate of the Governor-elect.
Truth is, the Nigerian judiciary has failed severally in their judgements on different electoral and high-profile political cases, and this is due to alleged cash inducements, as far as I can tell. With the way they dish out such controversial and very unpopular judgements on sensitive cases, which affects the fate of the Nigerian people, we wonder how the international community would see the Nigerian State and its Judiciary.
I am not a politician, and I am not a member of any party. I am only saying things as I see them. The Nigerian Supreme Court cannot use a Deputy Governor's plight to disqualify a Governor-elect, it simply does not make sense. To also think that the said judgement was delivered just 18 hours to the swearing-in ceremony of the said David Lyon, is suggestive of how desperate and hasty these people are. What a shame to the Nigerian polity!
Zik Gbemre.
February 14, 2020
We Mobilize Others to Fight for Individual Causes As If Those Were Our Causes
With regard to the Supreme Court's, rather hasty judgment that abruptly sacked the Bayelsa State Governor-elect, David Lyon, while I am not here to speak for, or against any individual or political party, but there is need for us to be objective, and apply common sense on this issue.
In my own candid opinion, the truth is that the Supreme Court cannot be the prosecutor, and at the same time be the judge over a case that has gone from being an electoral (civil) matter to a criminal matter of forgery. Forgeries are criminal issues and not civil cases, and which ought to be investigated by either the ICPC, the DSS, the Code of Conduct Bureau, the Police or any other security agencies concerned. They are the ones that should prosecute the forgery issue in the law court. In other words, until the forgery allegation is properly charged to the court by the relevant security agencies, the Supreme Court does not have the power to pronounce a judgment based on that ground. It is when there is an existing judgement on criminality against the man, that the Supreme Court can use same to make their judgment. But in this case, the allegations of forgery were never charged to any court in the first place. It is common sense.
The Nigerian judiciary, by that judgment, and many others in the recent past, has simply made themselves become an Institution that can be blinded by the highest bidder, and they no longer have the required integrity to objectively deliver sound judgments. Otherwise, how else can we explain their recent judgments on election petition cases?
There are other constitutional flaws in the case of the Bayelsa State judgment, which I don't want to talk about here. But the fact is that if there are forgeries, then the person concerned should be arrested, prosecuted and convicted by the law courts. The Supreme Court can't take the role of the security agencies. Every institution has its own legal roles as enshrined in the Nigerian constitution. Also, the Deputy Governor is simply selected as a 'running mate', and votes were obviously cast in favour of the candidate who came out to contest for the governorship election. I see no basis or justification for the Supreme Court's judgment. Take the case of the Kogi State 2015 governorship election situation as an example. The then sitting governor, Abubakar Audu who was going for re-election, died, and his Deputy was not sworn in. Yet in this case of Bayelsa State Deputy Governor certificate forgery, the Governor-elect was disqualified. Even though the circumstances are not the same, but how do we explain this because it shows that what affected the Deputy Governor-elect ought not to be used or relied upon to decide the fate of the Governor-elect.
Truth is, the Nigerian judiciary has failed severally in their judgements on different electoral and high-profile political cases, and this is due to alleged cash inducements, as far as I can tell. With the way they dish out such controversial and very unpopular judgements on sensitive cases, which affects the fate of the Nigerian people, we wonder how the international community would see the Nigerian State and its Judiciary.
I am not a politician, and I am not a member of any party. I am only saying things as I see them. The Nigerian Supreme Court cannot use a Deputy Governor's plight to disqualify a Governor-elect, it simply does not make sense. To also think that the said judgement was delivered just 18 hours to the swearing-in ceremony of the said David Lyon, is suggestive of how desperate and hasty these people are. What a shame to the Nigerian polity!
Zik Gbemre.
February 14, 2020
We Mobilize Others to Fight for Individual Causes As If Those Were Our Causes