Date Published: 12/21/09

AGBASO: WAS THE APPEAL COURT VERDICT IN ORDER? By Maximus Uba

Last week the Court of Appeal sitting in Abuja after months of deliberation finally gave its verdict in a matter filed by Chief Martins Agbaso, the 2007 APGA candidate against what he described as undue and unwarranted cancellation of the Governorship election held on April 2007 by the Independent National Electoral Commission. In all, the case which started in 2007 took over three years to get to this stage, still the case was not concluded as the Lord Justices ruled that the case be reverted to the Federal High Court ,the same court which in April 2007 said it lacked jurisdiction and referred the matter to the tribunal.

Even as this Judgement as delivered by Mr. Justice Ayobode Sodipe and his brother Justices can be said to be acceptable, Legal and Political analysts have continued to express worry that despite petition by some notable lawyers to the President of Court of Appeal that the judgement leaked several days in Owerri, the Court of Appeal still aligned its thought to what operators of Imo government officials have been telling their supporters at public functions. Analysts also worry on how the Justices arrived at such decision despite its earlier condemnation of the April 28 election as purported and ordinarily should not have held. Instructively in the said judgement, nothing was said about the status of April 28 that brought Ohakim to power as well as the information going around that the powers that be ensured that the Court of Appeal did not invoke its powers under section 15 of the Court of Appeal Act of 2004 as Court of first instance in the said matter. Granted the Court of Appeal Justices are entitled to come up with any manner of judgement it deems fit however several days after the said judgement, pertinent questions concerning the reversion of the case to Federal High Court have been agitating political analysts. First analysts ask why the Court of Appeal in its wisdom should have directed back a case the Federal High Court once struck out and referred to an election tribunal in 2008. There is also the nagging Question on why the Court of Appeal after delivering a well applauded ruling that it has unquestionable jurisdiction in the case in question, a ruling that was also confirmed by the Supreme Court thereafter state the matter goes back to Federal High Court. Equally worrisome to observers and analysts is the vexed puzzle on why the Court of Appeal after taking arguments and adopting various briefs of parties in the case which included briefs from Chief Agbaso, Sen. Araraume, Chief Ohakim and INEC now turned round to refer the case back to the Federal High Court instead of delivering judgment. Besides the general public including Imo Indigenes would like to know why the Court of Appeal after looking into the same case over a period stretching six months would now give a verdict directing that the Federal High Court begins the case all over again whereas the Supreme Court in its considered ruling directed that the case be handled ‘’Expeditiously’’ by Court of Appeal? Add the above puzzles to the fact that the Court of Appeal by this judgement is lending its weight to the antics of few characters in Imo State who celebrated the outcome of case via slaughtering of cows and laying of canopies even before the judgment was delivered, then the fear that the judgement did not meet the expectation of the people looms large. Analysts also worry that if the case in question goes back to Federal High Court it will stay in that very Court at least six months, thereafter another six months at the Court of Appeal and probably another six months at the Supreme Court, and we ask wherein lies the word “Expeditiously” as directed by the Supreme Court. Other earth shaking worries of observers as regards the judgement of Justice Sodipe and his brother Justices include the vexed issue of why the Court of Appeal would in its wisdom send such sensitive case back to a Court where Governor Ohakim has continually boasted “he is in charge” without considering the feelings of other parties in the case and why Considering that fact that Mr. Ikedi Ohakim has done three years in office, the Court of Appeal again proceeded via its judgement to lengthen this stay by sending this case back to Federal High court, whereas their judgment would have stopped the illegal occupation of Government House Owerri by a man who cannot in a free and fair election install a Councillor in his home local government. But a very sad aspect of the judgement which analysts have no answer to is the ugly situation in which the Court of Appeal shield away from Article 15 of the Court of Appeal Act which gives it power to assume jurisdiction in contentious cases referred to it by the lower court as in this case between AGBASO VS INEC, a case which the Lord Justices have demonstrated fairness and upright? From the above expressed fears, one could easily deduce the fact the Court of Appeal judgement appears misplaced, especially if noted that the judgement fell short of people expectation and that accounts probably why Governor Ohakim and his co-travellers are already celebrating the judgement not because the case will favour them in the very end but because it gives them additional months in Douglas House to continue their mindless looting of Imo State. But we ask, where does the judgement of Justice Ayobede Lukulo Sodipe and his brother Justices leave out Imo people who are daily trumatised by the Ohakim’s hardship, misery and misapplication of funds in the last three years? What about the civil servants and teachers whose salaries are always converted to pay Ohakim’s lawyers? What happens to Imo people at home and abroad who are yearning to elect their own governor rather than contend with Obasanjo + Iwu’s choice. Most importantly, where does the Judgement of Justice Sodipe leave out the issue of April 28 2007 election which the same court of Appeal in its ruling described as purported and vexatious and does the word purported now imply clearance for Ikedi Ohakim and his April 2008 election. 

We expect as directed by the Justice Sodipe and his brother Justices that the Federal High Court should expediate action and see to it that the case in question is not killed with unnecessary motions, back and forth movements of lawyers, that way the Federal High Court would not give Governor Ikedi Ohakim and his ilks opportunity to perfect their legal gymnastics   and lengthen their underserved stay in Douglas House. But we ask, Will the Federal High Court allow itself to fall into the delay tactics as perfected by Mr. Ikedi Ohakim, his sponsors and co –travellers, again will the Federal High Court after hearing the matter restate what they told Mr. Agbaso in 2007 that made him to proceed to Court of Appeal, and are all these Legal gymnastics which appears unending perfected to ensure Ohakim completes his four years in office? But we ask again, Is the Court of Appeal’s verdict as delivered by Justice Sodipe in the Agbaso vs INEC is in order, only time will tell  

- Maximus Uba lives in Mbaise, Nigeria