Injustice from the temple Babajide Balogun
By Chike Okeke
Monday, February 06, 2012

It is generally acknowledged everywhere that the law court is the last hope of the common man. After a serious analysis of who this common man is, one comes to the conclusion that he is the highly and lowly placed in the society who comes to the temple of justice to seek redress. It does not necessarily mean that the common is he who is so poor he cannot afford to pay legal fees.

If my understanding is apt, then Senator Dr. Andy Uba who represents Anambra South Senatoria District in the Senate is a common man that is seeking justice from those who do not like his face, those who may perhaps have sought unmerited from him when he severed as President Obasanjo’s Senior Special Assitant on domestic Affairs for eight years or those who may have used their privileged position to do him in for whatever reason.

The petition of Senator Dr. Andy Uba to the Chairman, National Judicial council complaining of bias against him by Helen M. Ogunwamja ICA led panel of justices that heard appeal No. CA/E/EDT/52/20/2011 between All progressive grand Alliance & anor v. Andy Emmanuel Uba & ors.

It reveals of a lot about some arms of our judiciary and why some Nigerians hold the view that instead of being the last hope of the common man, it is rather the dashed hope of the common man.
In a unanimous judgment delivered on 26th October, 2011 by Hon. Justice Onajide Kuejibola, Chairman, Hon Justice Udu Eze and Hon Justice Mukhtar, member of the National Assembly Election Petition Tribunal holding in Awka, Dr. Andy Uba’s declaration as the winner of the election held in Anambra South Senatorial District on April 9 2011 was affaired. The Tribunal ruled that the petitioner, Hon Chuma Nzeribe on the preponderance of evidence adduced had failed woefully to prove his petition based on allegations of irregularities and manipulation of the election result.

The candidate of All Peoples Grand Alliance (APGA), Hon. Chuma Nzeribe, in exercising his rights appealed against the ruling of the Tribunal to the Court of Appeal, the highest court in the land for National Assembly elections. It will be easily assumed that this superior will give due consideration to issues brought before it and dispense even handed justice accordingly.

In his appeal. Hon. Nzeribe prayed the Hon. Justices of the Court of Appeal to, among others determine that the election irregularities that occurred an Akpo war, Isuofia ward, Igboukwu ward 1, Uga 2, Umuchi 1 and 2, Achina 2, Amesi and ezinifite 2 Aguata L.G.A, Umuomaku in Orumba South L.G.A Ogbolo ward, Amamu II and ihite ward in Ihiala L.G.A which led to the cancellation of results in those areas substantially affected the outcome of the election.

Hon. Nzeribe is therefore asking the Court of Appeal to approve or confirm the purported cancellation of the election results in these 14 wards and hold thereby that it affected substantially the election in the entire constituency. This writer is not a mathematicism but is not so naïve not to realize that alleged irregularities in 14 wards cannot substantially affect the result to a senatorial election with a total number of 118 wards. These 14 wards constitute only about 12% of the entire senatorial district.

This prayer is akin to that of the widow in the bible story who requested King Solomon to divide the disputed baby into two and share it between both claimants. In other words let the child die, as against the real owner of the child who opted for the child to love.

It may also take eternity for the reasons for judgement which was reserved, to be made known. That is seen to be fair and equitable. the recew decision of the supreme court on the Governors who had exceeded their constitution al tenure o9f maximum of years is a clear case that instice may be delayed, it should not be denied.

Okeke writes from Lagos.

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