Game of judicial yo-yo

Nigeria is a good inventor, that much we know. The trouble is that the country is always inventive in the wrong things. We are experts in wire fraud, just more innovative than others; not that we are in it alone. We have now created a game of judicial yo-yo but the way this weird game is creeping into our courtrooms calls for concern.

Because nothing destroys a nation faster than messing with its judiciary, the hope of all. Incidentally, that’s what apparently came to the fore last Thursday when Justice Taiwo Taiwo of the Federal High Court, Abuja, declared Sen. Ifeanyi Araraume the authentic candidate of the All Progressives Congress (APC) in the December 5, 2020, by-election for Imo North Senatorial District.

The Independent National Electoral Commission (INEC) had declared APC winner of the by-election without returning a particular candidate from the party due to what it termed a plethora of confusing court pronouncements on the matter. That alone is an indictment of the country’s judiciary, as it kept churning out opposing decisions as to who among the two gladiators, Sir Frank Ibezim and Sen. Araraume, was the party’s candidate despite the APC insisting on Ibezim as their standard-bearer.

Thursday’s stunning decision has left many bewildered, as it runs against reason, having clearly violated the standards of judicial processes. This is so because the Supreme Court, on February 5, 2021, affirmed the judgment of the Federal Court of Appeal, which had declared Ibezim as the authentic candidate of the APC.

A three-member panel of the Court of Appeal had set aside an earlier judgment of the Federal High Court, Owerri, which declared Araraume candidate, and directed INEC to reinstate Ibezim as the APC candidate. However, Justice Taiwo, in the judgment delivered on Thursday, overruled the apex court, stating that, by a recent judgment by the Court of Apeal in Abuja, Ibezim remained disqualified.

Ibezim’s purported disqualification was based on alleged certificate forgery, which in itself raises fears of high-wire conspiracy against the man.  He allegedly presented a forged school certificate and statement of results but neither the West African Examination Council (WAEC) nor Uboma Secondary School, Ikperejere, in Etiti, Imo State, was called as witness to deny that the documents were theirs.

The truth of the matter is that nobody is against Araraume’s senatorial quest. He is entitled to it and is also eminently qualified to so run. However, the desperation and shenanigans being deployed have cast a pall of suspicion over his true intention. Is it just to represent the people or to serve some egoistic interest? Must he go to the Senate? What extra value would it add to his already accomplished life? Must his younger kinsman, Ibezim, be destroyed because of his vaunting ambition? What is the opportunity cost of all this tragic rigmarole to the beleaguered people of Imo North, who have not had a senator for about two years now? But for the unfortunate death of Benjamin Uwajumogu, would Araraume be dreaming of returning to the Senate? Here is a man who had been to the Senate twice. What else does he want to return the Red Chamber for? If he had done well prior to this new quest, would it not have been his constituents rooting for him instead of this do-or-die approach?

The country’s judiciary has been turned into a game of yo-yo, being swung irreverently from one point to another according to the capricious whims of manipulators. Nobody really knows what has become of our judiciary as regards this case. Firstly, Ibezim was disqualified for allegedly presenting academic credentials with different names despite both his results bearing the same Ibezim Francis Chukwuma. Yet the court ruled the certificates were forged without proof or authentication by the issuing authorities. Ibezim was actually meant to prove his innocence instead of his accusers proving his guilt. This unnatural approach to Ibezim’s case raises the issue of who is actually afraid of Ibezim. Probably, their trump card was the name Frank, which appeared in Ibezim’s electoral papers. This is a non-issue because it is a variant of Francis. It would also not be the first time such is happening and is, in fact, a settled legal issue.

The basis of all Ibezim’s travail is the contrived allegation of non-existent certificate forgery. Since this has not been proven, Ibezim’s accusers should repent and sin no more while the man Ibezim should be allowed to savour his victory for the good of Imo North.

Of course, Ibezim has appealed against the ruling that INEC should issue certificate of return to Araraume. Also, a High Court in Owerri has poured sand into Araraume’s fresh hopes to be declared winner of the by-election. Presiding Justice E.O. Agada issued an interim order forbidding INEC to hand over CoR to Araraume.

Nevertheless, beyond all these, why on earth would a High Court override the decision of the Supreme Court? It is a settled legal process that a lower court must submit to a superior court. Here we are not just talking about a superior but the apex (highest) court of the land being overruled by a High Court. Something is fishy somewhere.

Even if the Supreme Court had not affirmed Ibezim’s candidature, judges do not adjudicate further on any matter already before an appellate court. However, despite that Ibezim had already appealed against his disqualification by the High court, which the Court of Appeal upheld, the learned judge still went ahead to rule on the matter. Even if one concedes to the probability of the learned judge being unaware of Ibezim’s appeal pending in the Supreme Court, was it not strange that the learned judge was aware of Araraume’s cross appeal against the same case? Hmmmm! It is not good when learned fellows allow unlearned folks like me to bring the judiciary to avoidable scrutiny.

I’m afraid, unfortunately, that it is more plausible to believe that Justice Taiwo was aware that the case is pending before the Supreme Court but ignored for whatever reason. He ought not to have dabbled into the matter at the moment. What was the haste for? Why could he not wait for the Supreme Court to decide the matter in a few days? It is also suspicious and worth asking why Araraume hurriedly withdrew his cross appeal on the matter, which was clearly an abuse of court process. Could the cross appeal have been withdrawn to pave the way for an favourable judgment from Justice Taiwo?

There are indeed so many questions without answers. However, some questions that certainly must be answered are: Does the High Court have power to overrule the apex court of the land? Or simply, does an inferior court have power to overrule the decision of a superior court? Does any court have a right to rule on a matter pending on appeal in a higher court? What is the implication of this judicial somersaults on the country’s jurisprudence?

It actually seems that Araraume is playing the devil’s advocate. Being almost certain that his senatorial bid had fallen flat, he is determined to scuttle the chances of Ibezim and the APC, hence the fear that he could be working for the enthronement of the Peoples Democratic candidate, Chief Emmanuel Okewulonu. This has emboldened the PDP to be laying claims to the seat through the backdoor.

Watching PDP trouncing its flagella about like a salted amoeba in search of undeserved victory evokes pity and sympathy. However, no matter how much one sympathises with Okewulonu and his dream, it would be more dignifying for him to wait for another opportunity and win honourably than lurking in the wings to reap from unfortunate infighting by brethren.