JUDICRACY AND THE FAIRNESS IN BEING UNFAIR

By Omoshola Deji

Abraham Lincoln described democracy as “government of the people, by the people, for the people” during the American civil war in 1863. His notion later became the often quoted definition of democracy and a benchmark of rating its success globally. More than a few nations have actualized Lincoln’s thought, but Nigeria is lagging behind. Her quasi-democratic arrangement is what the writer terms Judicracy: representative government via the verdict of law lords. J-u-d-i-c-r-a-c-y is a flawed democratic system in which the court repeatedly determines who rules, instead of the electorates.

2019 general election is the worst in Nigeria’s history as it produced the highest ever, about a thousand lawsuits. Virtually all the governorship election outcomes were challenged up to the Supreme Court. The judgments issued bagged no dispute, except that of Imo and Bayelsa States. In Imo, the lordships sacked Emeka Ihedioha of the People’s Democratic Party (PDP) for Hope Uzodinma of the All Progressives Congress (APC), the fourth winner. Despite the unprecedented controversy and protests this sparked, the Supreme Court courageously made another upset in Bayelsa by nullifying David Lyon’s mandate barely a day to his inauguration.

The Bayelsa Case

Two lawsuits emerged from the Bayelsa 2019 governorship election. The first is an intra-party candidacy tussle between Hieneken Lokpobiri and David Lyon, both of the APC. The Supreme Court ruled in the case that Lyon was validly nominated. The other lawsuit is an inter-party, deputy governorship candidate qualification case, instituted against the APC by the PDP. Lyon’s running mate, Biobarakuma Degi-Eremieoyo was accused of forgery and perjury. The Supreme Court pronounced him guilty, and consequently sacked him and Lyon on the basis of their joint ticket. Lyon did no wrong, but was fired for the sins of Eremieoyo. The judgment is both fair and unfair.

Why the Judgment is Fair

It is fair to sack persons who aspire to rule or are ruling with false documents. Eremieoyo’s deputy-governorship nomination form shows he has answered five different names since he was born. In his first school leaving certificate dated 1976, Eremieoyo bore the name Degi Biobaragha. He bore the name Adegi Biobakumo in his o-level results dated 1984 and Degi Biobarakuma in his bachelor’s degree dated 1990. Also, he bore the name Degi Biobarakuma Wangagha in his master’s degree dated 2002 and he’s currently bearing Degi-Eremieoyo Biobarakuma. One person. Five names.

Eremieoyo’s trial judge proclaimed that only a woman who’s been married five times could have changed names the way Eremieoyo did. My take is Eremieoyo may have been a fraudster who kept changing names to conceal his identity and wrongdoings. Before the advent of fingerprint technology, fraudsters conceal their identity by changing names and appearance.

Eremieoyo’s counsel and apologists argument that his periodic change of name was as a result of the chieftaincy titles he bagged holds no water. Traditional honors rarely require name change; the titles are only placed before the recipient’s conventional name. Though not impossible, it is very rare to come across honors that would require a total change of name. Bola Tinubu’s name didn’t change when he was made the Jagaban of Borgu Kingdom. Also, Atiku Abubakar’s name didn’t change when he was turbaned the Waziri of Adamawa Emirate. Even kings don’t change names after coronation.

Nigerians are comparing President’s Muhammadu Buhari’s certificate and identity controversy case to Eremieoyo’s, but the facts are different. Buhari presented an affidavit and a re-issued copy of his disputed result to the court, while Eremieoyo only presented an unverifiable affidavit. Besides, in Buhari’s case, the spelling of ‘Muhammadu’ only changed to ‘Mohammed,’ on a single occasion and Islamic clerics clarified that both names are one and the same. On the other hand, Eremieoyo’s name changed significantly, sometimes completely, multiple times. God forbid a Nigeria where the court would free such a dubious personality to govern despite convincing evidence. Cry or smile, the Supreme Court judgment is fair.

The implication of allowing Eremieoyo rule Bayelsa is grievous. Every deputy governor is a governor-in-waiting. If Lyon had been sworn-in and (God forbid) dies in office, Eremieoyo will take over. By then, the same Eremieoyo the lordships fail to sack will be appointing judges to do his bidding and hounding those who fail to. The same Eremieoyo that has no clean record and certificate will be commanding professors who have many degrees and appointing vice chancellors. Haba! Nigerians should be grateful to the Supreme Court for saving Bayelsa State from such catastrophe.

APC’s failure to act right made her pay the hard price. Eremieoyo shouldn’t have been nominated, or better still, the party should’ve replaced him in the wake of the scandal. The court did no wrong to have enforced the law made by APC members for themselves and the national laws, made by the legislature in which APC is in the majority.

APC national chairman, Adams Oshiomhole’s aspersion on the judiciary over the Bayelsa judgment is dishonorable. He should rather resign for failing in oversight. If the party he leads deliberately fail to obey legitimate laws and the court decides to punish accordingly, how dare him utter unfair!

It is indeed a great loss to APC members and chieftains, but protesting Eremieoyo’s sack in the face of overwhelming evidence is a display of sophisticated foolishness. Will any of them, as an employer, retain an employee that secures a job under them with false identity and fake certificate? In this case, Bayelsa people lack the power to sack Eremieoyo for his dishonesty, but the constitution empowers the court to, and that has been done. Instead of belittling the lordships, they should be praised for acting right. Eremieoyo’s sack is fair and should not end there. He should be prosecuted for bringing pain to APC and Lyon.

Why the Judgment is Unfair

The Supreme Court’s verdict is deserving on Eremieoyo, but unfair to Lyon. Recognizing two persons as one is an unfair custom that will always make the guiltless sink with the guilty. That is not justice. If a father cannot be imprisoned for the crime of his son despite their blood ties, it is absolutely unfair to punish Lyon for the crime of Eremieoyo, a nonrelative.

Moreover, Lyon has been a businessman all along, while Eremieoyo is a career politician. Based on the difference in their yesteryear engagements, the governorship election is probably the first relationship between Lyon and Eremieoyo. There is word on the street that Lyon never chose Eremieoyo as running mate. He was imposed on him by the minister of state for petroleum resources, Timipre Sylva and the APC national chairman, Adams Oshiomhole. With the lordships awareness of the rampancy of imposition in Nigerian politics, crucifying Lyon with Eremieoyo is not justice. It is, in my opinion, a miscarriage of it.

Lyon shouldn’t suffer for Eremieoyo’s misdeed, especially when he never partook in the crime. The judgment would have been fair on Lyon if he’s complicit, but he’s not. With the judges’ awareness of such fact, it is unfair to waste Lyon’s 352,552 votes because his deputy broke the law. Such verdict is an injustice to the electorates that voted Lyon and his party, the APC.

Duoye Diri, the PDP candidate who lost at the ballot shouldn’t have been foisted on Bayelsans by the court. Such action will lead to an increase in political apathy. Electorates will no longer troop out to vote because the court may upturn their will. With apathy, rigging will increase and democracy will die slowly. To my mind, it is undemocratic for the court to keep installing those who lost at the ballot. It happened in Zamfara, and now Bayelsa state. The law should be amended if necessary and politicians must endeavor to always play by the rules.

A number of Supreme Court judgments states that votes are for the parties and not the candidates. This is premised on the reason that the names of candidates don’t appear on the ballot; only the parties’ logo appear. In this respect, it is disappointing that the lordships annul 352,552 votes when some previous judgments can be referenced and applied to save APC’s mandate. The judges should have protected APC’s vote, but punish Eremieoyo. Ordering that he be replaced with another person would have been just. Although the Supreme Court has the power to judge as it pleases, the adverse implication of the judgments on lives and properties must be considered, especially in sensitive cases.

Kogi State’s 2015 governorship election tussle also establishes the inconsistency of the Supreme Court. When candidacy dispute arose after Abubakar Audu’s demise during the Kogi election, the Supreme Court denied his running mate, James Faleke the chance to inherit the votes of the Audu-Faleke ticket. The mandate was surprisingly given to Yahaya Bello, who was selected by the APC to replace Audu. If Faleke wasn’t allowed to inherit the mandate of Audu, then it’s a miscarriage of justice to drag Lyon into Eremieoyo’s conviction. The logic is simple. Since Faleke wasn’t allowed to profit (positively) from Audu, it is unfair to make Lyon profit (negatively) from Eremieoyo.

The people of Bayelsa felt PDP hasn’t served them well, so they voted the APC. Upturning their decision means the court is forcing them to remain under the rule of an unwanted government. Such action itself is a murder of the democracy and rule of law the court is trying to protect.

Since Eremieoyo’s qualification case is a pre-election matter, justice would have been appropriately served if the ruling was given before the election. Democracy would’ve still manifest even if APC was denied participation. Several parties fielded candidates and the people may decide to vote massively for any them if they don’t want the PDP. With that, the leadership production process remains democratic and the people’s right of choice remains protected. The law must be amended to effect this.

A more sad side of the unfairness of the Supreme Court’s verdict is the cost and emotional effects on Lyon’s families, followers and political associates. It would have been kind if the judgment was delivered a week earlier. Governorship inauguration is a big ceremony in Nigeria. Even if Lyon chose to celebrate low key, his nearest and dearest would blow the trumpet with their personal fund.

Think about the level of preparation that would have been in place before Lyon was sacked some few hours to his inauguration. Special attire for the occasion (aso-ebi) have been bought and sown; cows have been slaughtered and stewed; wines have been iced; guests have started landing from across Nigeria and abroad; and all hotels had been booked. Furthermore, Lyon had rehearsed how to inspect the guards of honor and people were already addressing him as ‘Your Excellency.’ Even the President was preparing to grace the inauguration. But, all of a sudden, the Supreme Court threw Lyon into confusion. He was disgraced few hours to his glory for a crime he never committed. That’s unfair!

The Supreme Court should have kindly reduced the emotional and cost effects by issuing the judgment earlier, at least a week or two before the inauguration. Perhaps the judgment was delivered late to teach APC a bitter lesson for failing to learn from the annulment of its candidacy in Zamfara and Rivers States.

End Note

It is unfortunate that the court that is expected to be the last hope of the common man is now taking away the wishes of the common man in Nigerian elections. Judicracy is not good for Nigeria. It is a recipe for crisis that may tear the nation apart. Election must start and end at the ballot. Shifting the contest to court is distracting the APC and PDP from concentrating on governance. Both are devoting their energy and resources on winning in court, rather than tackling the nation’s challenges.

Certificate may not be the perfect means of measuring intelligence, but it is the global standard of confirming that an individual have passed through the rigor of acquiring knowledge and proficiency. Eremieoyo’s ordeal is a lesson for everyone to get some education and always act right. Although Nigerian courts sometimes fail to command justice on apparently guilty influential persons, Eremieoyo’s conviction may be beginning of the long-expected turnaround. The three arms of government must collaborate to address the flaws and lacunas in the laws. They must also devote attention to strengthening the institutions and the electoral process.

Lyon’s misfortune shouldn’t be the end of his political career. President Buhari should appease him with a major appointment. The APC should also give him an automatic ticket in the next election. On the other hand, PDP should not over rejoice as it may suffer the same tragedy if it doesn’t learn from APC’s mistake. Nigerian politics is an intriguing, suspense-filled, unending movie. New issues keep evolving each time the population thinks they’ve seen it all. It won’t be a surprise, if for the first time, the Supreme Court reverse either the Imo or Bayelsa verdict. Even at that, politicians must always abide by the rules, else the court will keep determining who rules.

*This piece is an innocent analysis and not an aspersion on the integrity of the Supreme Court. The writer, Omoshola Deji has profound respect for the judges, their decisions and the institution they represent. Deji is a political and public affairs analyst. He wrote in via moshdeji@yahoo.com