Silence is not an option when things are
ill-done" - Lord Denning, 1899-1999
After weeks of hearing the case of Senator Ovie Omo-Agege, CFR, it was the turn of the respondents to open their defence.
The Independent National Electoral Commission (INEC), the first respondent to the petition, opened and closed its case with a sole witness. The second and third respondents, Sheriff Oborevwori and the PDP, also opened and closed their cases with a sole witness. The election tribunal adjourned to August 24 for the adoption of addresses.
The “adoption of final addresses,” as it is called in Nigeria, or “closing arguments,” as it is called in the USA, is usually the penultimate phase of the winding up of a trial. It is where the lawyers summarise their IRAC (Issue, Rule, Analysis, and Conclusion).
The final addresses allow the lawyers to emphasise their key points and answer questions that the justices may still have. Thereafter, the court adjourns for judgement, before which the justices will confer again, vote on the judgement, and then individually write and circulate draft judgements to one another.
It is public knowledge that the Delta State governorship election result is not reassuring for democracy. The willingness of the incumbent political actors within the PDP to bribe and discountenance the rules rather than lose should raise alarm bells among Deltans and indeed Nigerians.
Brazing election rigging is a crime. A crime does not occur just because somebody or some people said so, a crime is an act that is prosecutable and punishable because it is statutorily defined by the electoral law. In that light, the non-use of BVAS for accreditation and the manipulation of voting figures are crimes that are punishable.
Greed and poverty must have spurred INEC officials into accepting the barefaced electoral criminality. There is no doubt that INEC officials have done sufficient damage to the nation’s electoral process and should be made to answer for their actions.
It would be nice to live in a society where evildoers were punished for their crimes as soon as they committed them. But the world does not work like that, and sometimes the vilest human beings continue to abuse their victims without facing the consequences.
Just in case you are wondering if getting electoral justice through judicial intervention is possible, learn from the stories of Peter Obi in Anambra State, Adams Oshomhole in Edo State, Rauf Aregbesola in Osun State, and of course, lately, Hope Uzodinma in Imo State.
In the instances mentioned, the incumbent party was in the contest. They rigged their way to victory and were declared winners. There was an atmosphere of widespread dissatisfaction and disillusionment among the citizens created by overwhelming and indisputable pieces of evidence of electoral fraud. The aggrieved parties took the case to the election tribunal, alleging widespread rigging, irregularities, and malpractices in favour of the incumbent party.
The trial judges set historic constitutional rulings not only upheld justice but also ensured that the popular will of the people prevailed over the selfishness of the party and government in power.
In those cases, the judiciary lived up to their mantra of being the citadel of justice, and the last hope of the common man.
The judiciary remains the last hope for justice in every civilised society. We are facing a similar scenario in Delta State today, and as citizens, we are turning to the judiciary to ensure electoral justice.
The judiciary now has the choice to either compromise its values or tread the path of probity and honour, or slide down the precipice of compromise and infamy.
We must end the reign of impunity. It is time to save Delta State and set her on a path of electoral justice, peace, and development, and we believe the judiciary will do the right thing. The judiciary now has the golden opportunity to etch its name in gold by ensuring that democracy remains the government of the people, by the people, and for the people, and not an article up for sale to the highest bidder.
Way to go !
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