Date Published: 04/01/10

AKEREDOLU; DEAD WRONG ON SOKOTO MATTER By Emmanuel Onwubiko 

My reflection today is on the ongoing controversy generated by politicians concerning the political litigation between the Sokoto state Governor Aliyu Wammako and his Democratic Peoples Party’s rival Alhaji Maigari Dingyadi particularly because of the fact that certain persons who do not like the face of the chief Justice of Nigeria are introducing some dramatic dimensions into the debate.   

My intervention today is borne out of the fact that the human rights group that I head HUMAN RIGHTS WRITERS’ ASSOCIATION OF NIGERIA, HURIWA, viewed with considerable shock the recent intervention by the president of the Nigeria Bar Association (NBA) Rotimi Akeredolu (SAN) who reportedly urged the Supreme Court to refrain from dabbling into election matters in the country saying that petitions from election matters especially the legal disputes involving Governor Aliyu Wammako of Sokoto state and his Democratic Peoples Party’s rival Alhaji Maigari are statutorily resolved at the court of Appeal. 

Our shock, consternation and trepidation over the news report credited to the National president of the NBA stem from the logical fallacies, factual inaccuracies and the dubious conclusion drawn by chief Akeredolu whose stay in office as the NBA president has become one of the most controversial in the history of the much revered professional body. 

The controversial NBA president committed a fundamental blunder when he built one of his major conclusions on very nebulous logical grounds when he stated thus; “The NBA however notes with grave concern the legal contrivances put in the path of the constitutionally approved court (Court of Appeal) by the National Judicial Council leading to the Appeal’s Tribunal’s inability to deliver judgment on February 23, 2010 as scheduled.” 

We are disturbed by the choice of words credited in the news report published in the punch newspaper of Thursday, March 25 th 2010 to the president of the Nigeria Bar Association whereby he openly categorized the honourable chief Justice of Nigeria as a “coupist”. Hear him; “To embrace jurisdiction under very dubious and doubtful circumstances and stultify the constitutional duties of other courts amounts in simple terms to a judicial coup d’ etat and grievous assault on the constitution itself”.  

The choice of words of the president of the NBA in this particular matter is at best reprehensible, objectionable and unfortunate.  

The fact is that in the 2007 election in Sokoto state, Alhaji Aliyu Wammako defeated his DPP challenger, Alhaji Maigari Dingyadi who came second out of nine candidates of other parties that vied for the exalted position of Governor of Sokoto State. Dingyadi filed a petition before the governorship election Tribunal, but lost. He challenged the qualification of Governor Wammako to participate in the election but the Tribunal ruled that it lacked jurisdiction to entertain pre-election matter such as nomination and qualification of candidates. Dingyadi appealed the judgment in the Court of Appeal, Kaduna Division which consequently voided the 2007 Governorship polls in Sokoto and ordered re-run. The Appellate court ordered that the election re-run be conducted by INEC and with the same candidates that contested in the annulled election. 

The Democratic Peoples Party’s candidate rushed to the Federal High Court in Abuja, asking for the interpretation of the Appeal Court’s judgment which ordered a re-run poll for the same category of contestants. If he hoped to get reprieve, he was wrong because the Federal High Court, Abuja division declined on points of Jurisdiction. 

Dissatisfied, Dingyadi proceeded to the court of Appeal, Abuja division asking for the same prayer as he framed for the Federal High Court but this time around added some new dimensions which were vehemently kicked against by the Governor’s legal team. 

In the Court of Appeal, Abuja division Dingyadi introduced fresh prayer that he was not only asking for interpretation of the judgment but also enforcement. But this fresh ground met the brink wall in the Appellate Court which reasoned that no player is allowed under the rule to change the goal post in the middle of the game. This led to the collapse of his appeal like a pack of cards but he remained resolute to find what he regards as justice by proceeding upstairs which is allowed in law.  

The resolute and hard fighting Dingyadi went to the Supreme Court of Nigeria to appeal the decision of the lower court to turn down his appeal. The re-run took place and the incumbent won by a larger margin. 
 

Dingyadi has indeed visited virtually all the courts in the land and we know that there was nothing untoward in the decision of the Supreme Court’s panel headed by Justice Dahiru Musdapher to arrest the Appeal court Sokoto’s judgment. We fully subscribe to the wise saying that it is better to set nine convicts free than to convict one innocent person. It is better for the bribery allegations to be determined and for the Supreme Court to determine the substantial question of interpretation instituted before it by the incumbent Governor of Sokoto state before any acceptable judgment could be delivered by the Court of Appeal in compliance with section 295 [3] of the 1999 Constitution. This can be done in a record time if politicians will not keep building mountains out of a mole hill by creating controversies and using rough tactics. 

As a staunch supporter of the principle of rule of law and as a man that has deployed all my talents and resources to champion the cause of respect for the Human Rights of Nigerians, I admire any politician who shows a commendable sense of resilience and resoluteness as displayed by Dingyadi of the Democratic Peoples Party in Sokoto State. 

I have absolutely no objection to the decision of the Democratic Peoples’ Party’s Alhaji Maigari Dingyadi to seek for Justice from the Temple of Justice and I will not be a party to those who begrudge him of this uncommon gift of zeal and/or zest. 

One more thing before signing out for today, may I appeal to politicians in Sokoto State on both sides of the divide to give peace a chance and allow the judiciary to adjudicate matters before them without creating unnecessary controversies. The people of Sokoto are desirous of reaping democratic dividends and since power comes from God may I appeal to politicians to accept outcomes of election with equanimity especially if the electoral process is substantially compliant to the electoral law and if the winner is the popular candidate actually elected by the people to serve their interest for a given number of years assigned by the 1999 constitution of the Federal Republic of Nigeria. 

* Onwubiko heads Human Rights Writers’ Association of Nigeria.