IMO STATE GOVERNORSHIP, THE SUPREME COURT AND JUSTICE ON THE PRECIPICE: A SPOTLIGHT ON THE THIN REMEDY Written by KEMKA S. IBEJI

KEMKA S. IBEJI

When the way to the loo gets multiple, the dangers of accidental discharge increase by larger number. When truth is masked for too long, it merely grows shells and thickens the vigour of the upright. The Imo State matter of the 2019 election has become that proverbial leach that perches tight on the scrotal sack sucking profusely but enjoys the immunity of personal harm. The only thing that will recur in the mind of keen watchers is the question; how long will justice suffer in the hands of its acclaimed oracles in the temple of her service? While I may not be able to give answer to the question above, I will try my hands in the description of the personality of justice.

From the point of view of philosophy and especially juridical philosophy, we saw various definitions of justice. Striking among such definitions is the one given by one of the most celebrated sophists; Thrasymacus. He defined justice as the interest of the stronger. Interestingly, this definition has held sway and explained the legal journey of Imo State within the labyrinthine of the Nigerian judiciary since the fall of the 2019 election. The legal fireworks were ignited as soon as the election had commenced and served. Of course, it would mean absolutely nothing to say that the election is concluded or has ended. No good philosophy graduate, not even a Philosopher who had the  slightest bite on logic, will ever make such a mistake to assume that the Imo State governorship election which started sometime in early 2019 has ended even now in January 2021 except that justice is done though we know not when. Let me also remind that it is not the justice as defined by our dear Thrasymacus.

The Nigerian judicial system clung upon the meaning of justice as given by the sophist and it has led that revered concept (justice) into a skeptical existence. One will want to ask how? 

It is a very obvious and glaring fact to simply state that all those who have approached the temple for justice are very unworthy. Needless to invoke the legal cliché which states that he who comes to equity must come with clean hands. It is also at this juncture that the natural school of law in jurisprudence begins to make more sense when they argue that law must and should derive from morality. To African metaphysicians, it will be heart warming to request that these false claimants swear by the gods of land and at the shrines. Then I am sure you know what will happen. If not out of shame that the liar swallowed hot blade, the honest will decline. These men who claim victory in the Imo State governorship election will all run away if demanded to swear before Amadioha that they won. They know that none of them won that election and they know what was right to be done.

I remember clearly following the results as was being announced that midnight. I also could bring to fore my little learning of secondary school subject called Government. Before the result of the last Local Government Area was announced, every sincere student of Government and every knowledgeable political analyst had known the outcome.

The electoral law stipulated conditions for victory in such election as well as what happens in such situation as witnessed in Imo State governorship election. It was very lucid that either the umpire was morally sick, jaundiced and wanting or he was professionally ignorant or not knowledgeable of the rubrics of the laws guiding such election. Whichever was the case, the judgement of INEC (the Returning Officer) was poor and never reflected what the law prescribed. The Returning Officer of that election who, as a matter of fact, was the image of the electoral body (INEC) went berserk and his actions or judgement was so flawed, overboard and unlawful.

The foregoing fertilized the ground for the expression of the frail and failing definition of justice as rendered by Thrasymacus the sophist. Justice immediately became the interest of the stronger and of course, might became right. As the need to correct the wrongs of the INEC perpetuated through the returning officer informed the necessity of court visits, unfortunately, morally bad citizens filed ahead and stood in the front rows. The Action Alliance (AA) candidate, Mr. Uche Nwosu began right but the wrong attitudes acquired over time in the corridors of power overtook his ambition and he began to claim victory. Instead of asking the courts to do the right thing by correcting the wrongs of INEC officer by calling for a runoff by which the candidate with the highest votes and the candidate that came immediately behind him/her should stand once more, he was already asking for the stool. Too bad and treacherous, he left no option for the Tribunal and the subsequent courts. The judiciary having been corrupted by the happenings also joined the bad dance and in fact took charge of the rhythm.

While these happened, justice suffered grievously and dastardly. The courts served and rendered justice squarely as the interest of the stronger. Rt. Hon. Emeka Ihedioha who was wrongly or wrongfully declared winner of that election led the track into judicial manoeuvring. He won at the tribunal giving room for more illegality from the courts. This continued as more and more contestants sought for strength whereas justice has turned the interest of the stronger. Alas, Sen. Hope Uzodinma wrongfully again and finally was pronounced winner of that election at the Supreme Court. Wrongfully! I chose the adjective "wrongfully" to describe the judgment of the Supreme Court because both the law and the facts were there before the court. My Lords could not have been blind, except by choice, to have ignored the shouting reality of the failure of all the claimants to fulfill the requirements of the law to be declared winner of such election. Whereas there was a majority vote, rightly or wrongly, there was not the necessary second leg which is fulfillment of the two third (⅔) prerequisite. These are two basic and undeniable conditions that must be met for a candidate to be declared winner of a governorship election in/of any state in Nigeria. Just like the Decalogue of Christendom, if you keep nine and fail one out of the ten commandments, you are guilty of all. The fulfillment of one of the conditions of the law without the other amounts to the failure of both. But the courts from the Tribunal to the Supreme Court joined the political parties to serve politics than justice.

In the light of this reality, it guides the mind to our reading of one of Plato's Dialogues where justice was discussed. Let us draw from that dialogue and adopt the definition of justice as "giving to every one his/her due". If this is the rightful meaning of justice, whose due was given him/her in Imo State? It therefore becomes expedient to state categorically that the people of Imo State were denied their due and in such manner were denied justice.

It is however very significant to point out that in the purview of law and in the organization of the society, justice is the reality. What trurh is to ontology is what justice is to the law. Justice is the essence of the law, it is its reality. Nevertheless, reality is defined as having the features of permanence, indubitability, unchangeability, timeless and the like. One could do all except to deny that these are the qualities of justice in human society and within the law. As severally said, justice can only be delayed but cannot be denied and like the cassava stem, the truth cannot be bent except broken. But we saw the clear truth in Imo State case as the justice has kept crying and struggling to remain indubitable, permanent, unchanged and out of the bound of time. Despite being the court of final call, justice has persistently harassed the Supreme Court of Nigeria. Rt. Hon. Emeka Ihedioha vs Chief Uche Nwosu got to the Supreme Court and the judgment was wrongfully given. The case of Rt. Hon. Emeka Ihedioha vs Sen. Hope Uzodinma also arrived the Supreme Court and the wrong judgement again was given. Showing its characteristics, justice sought to exist and forced the other side to seek for readjudication of a case whose verdict was already penned by the Supreme Court at the same Supreme Court. This was abhorred by the system as it was tagged offensive to the order. Damming the consequences as well and again, the same matter has returned to the Supreme Court but this time in a manner that it gives opportunity to the Supreme Court to redeem herself and the entire judicial system of the Federal Republic of Nigeria.

The Supreme Court has now no other available option than to visit the Imo State people with their due. The Supreme Court therefore has to grant justice to the citizens of Imo State by giving them their due which is declaring the entire governorship election null and void.

The inference in the above is drawn from the need not to drag the judiciary into a dilemma otherwise it would have been best to declare a runoff which was the right thing as at the time of the election. However, the number of days stipulated by the law for a runoff has elapsed and such declaration will rather do more harm than good. Having exhausted lots of time, resources, judicial tactics and professional deceitful prowess, it is now time for your Lordships to adopt, adhere to and demonstrate their judicial discretion by doing, not just what the claimants have brought before them, but what is due to all. That which is due to all at this particular time is the discarding of all prior declarations and pronouncements and go straight away to the cancellation of that ill fated election and ordering INEC to conduct an entirely fresh election in Imo State to choose a governor for the state.

If only this is done, it will serve justice as giving to everyone his/her due as well as reinventing the image and perception of the judiciary as the last hope of the common man. By that also, our judiciary would have announced itself as the real custodian of justice and reestablish our courts as actually the temple of justice and not injustice.

This will in the last analysis be received and conceived by public opinion and all citizens as justice for the entire country and a very noble way to commence a new year for our dear country especially in this era where the hope of the world is shaken by the pandemic. This also will suffice as the best ever deliverable and the most coveted palliative perceivable and receivable by the people of Imo State in particular and all citizens of Nigeria in general in this era.