•Sadly, this has been compounded by the election petition tribunal that decided the matter
The crisis in Kogi State, arising from a mismanaged election process is morphing into an intractable conundrum, especially with the recent pesky judgment of the state election petition tribunal. And for all that has been troubling democracy in Kogi State, we have the Independent National Electoral Commission (INEC), which has acted so dependent over the contrived crisis in the governorship election in the state, to thank. Also due for mention in the list of those who rode roughshod over a constitutional process, is the Attorney-General of the Federation (AGF), Abubakar Malami (SAN), who despite his partisan interests, foisted his illegitimate advice on the electoral body.
Strangely, the Kogi State Election Petition Tribunal has now given its imprimatur to the phoney arrangement of foisting Yahaya Bello, as the state governor, by its judgment that rankles common- sense and legal jurisprudence. For us, like every other reasonable man in the street, it is stranger than fiction that a total stranger to the Prince Abubakar Audu/ James Faleke’s ticket, is gifted with the so called locus standi, while the surviving one-half of the lawful owners of the ticket, is denied a standing, to claim what is due to him and his late principal. Thankfully, there is a provision for an appeal, and we consider it a service to constitutionalism, for Mr Faleke to approach the higher court.
Regrettably, the meddlesomeness of the AGF in Kogi State did not stop in helping to foist a strange contraption as the executive arm. The challenged attorney, also took his special skills to the legislative arm of the government. With strong arm tactics, cloaked in the official garb of being the federal chief law officer, Mr Malami ordered the Inspector-General of Police to provide cover for five renegade members of the state assembly, to take over the proceedings of the house, while the majority 15 other members, including the speaker, were banished to Abuja.
Right now, the AGF is at war with the National Assembly for his unlawful directive to the police, which overruled the provisions of section 11(4) of the 1999 constitution. By that section, the federal law makers have the prerogative to take over the legislative activities of any crisis- ridden House of Assembly in the country, unable to perform its functions, as is presently the situation in Kogi State. While the federal law makers dutifully passed the necessary resolutions, and directed the police to provide protection, the AGF countermanded that legislative exercise, in the same manner an appeal tribunal would do, over a decision made by a lower tribunal.
With the judgment of the election tribunal, those slaying our constitution in Kogi State would now be emboldened to bring out their sledge hammer, unless they are restrained on appeal. A pointer to what is to come was the unlawful drafting of soldiers to take over the protection of the five members of the state legislators, from the police; in other for them to unlawfully sit and approve the so-called list of commissioners.
While many reasonable Nigerians have been shouting that the charade in Kogi State should stop, the actors and their protectors exhibit a trenchant nonchalant attitude. Regardless of whether or not the powers that be allow constitutionalism and common sense in Kogi State, or whether the appeal tribunal is minded to exercise its discretion judicially and judiciously in the interest of our fledgling democracy, we consider it our duty to bring to the notice of all our nation’s constitutional authorities, this tardy exhibitionism of power by those who share responsibility to protect our constitutional democracy.
Credit: The Nation
