Opinion: Supreme Court and The Impending 3-2-2 Judgement

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The lord justices at the Supreme Court of Nigeria, Abuja has slated Tuesday, 20th September, 2016 for hearing on appeals on the lingering Kogi governorship elections but the silent fear in the minds of many Kogi people is that the expected result will be hijacked by power forces in the corridors of power in Abuja.

In the dream of the night, I saw that the much anticipated judgement will be a 3-2-2 ruling. This confirms the fears of Kogi people.

Three judges will uphold the rulings of the Tribunal and Appeal court. That is, they will uphold the legality of APC’s substitution, Yahaya Bello’s validity and lawful conduct of the supplementary elections. They will maintain that votes cast during elections belong to political parties and not candidates. They will open their eyes to the INEC guidelines that empowers INEC to declare elections conclusive or otherwise but close their eyes to INEC’s guideline recommendation for a candidate to be a registered voter in the constituency in which he/she is contesting. Theirs will be majority judgement and will have the day. Voice of Jacob, hands of Esau.

Two judges will rule in favour of James Faleke. They will be of the opinion that the November 21, 2015 election was conclusive. That the constitution of Nigeria is superior to INE guidelines. Their passion is to halt the embarrassing trend of inconclusive elections manufactured in Kogi state and spreading fast to other states. They believe this ugly trend should be nipped in the bud before it consumes Nigeria’s fledging democracy. Their number, just 2, will not change anything as it will be regarded to as minority judgement.

Two judges will toe the line of the Appeal court’s minority judgement by Justice Festus Obande. They will rule that the election of Yahaya Bello as governor of Kogi State was flawed and should be annulled. They will order INEC to conduct fresh election in 90 days. These judges will rule that the declaration of Bello as the duly elected governor of Kogi by the INEC was in breach of section 141 of the Electoral Act 2010 because he did not participate in all the stages of the election as compulsorily demanded by section 141 of the Electoral Act. Their number, just 2, will not change anything as it will be regarded to as minority judgement.

The masterminds of this scenario are bent of retaining the incumbent at all cost. They are fully aware of the negative consequences this will have on Nigeria’s democracy and constitution but are ready to go ahead and create a ‘remedy’ later through a ‘landmark Supreme Court reversal’ judgement before 2019, if need be.

I will however advice these masterminds and the benefactors not to rejoice yet because their victory will be short-lived.

Selah.

– Paul Oladele writes from Abuja.

 


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