In his misleading advert on Page 40 of the Daily Trust Newspaper of Wednesday, January 14, 2013, the National Publicity Secretary of the Congress for Progressive Change, Mr. Rotimi Fashakin attempted pathetically to confuse gullible Nigerians by questioning the integrity of any Court or Judge that rules against the interest of the party.
The misleading advertorial, entitled “FEDERAL HIGH COURT OVERRULES SUPREME COURT” is one of the most embarrassing public statements any responsible spokesman of a political party should ever make. We are particularly embarrassed by the fact that Fashakin concentrated on attacking the integrity of Justice Gladys Olotu of a Federal High Court in Abuja who on Friday 11th January 2013, granted the seven reliefs sought by the valid 10 Federal lawmakers from Katsina State including eight Reps members and two senators.
In her judgment, Justice Olotu ruled that by virtue of Section 68 (1) of the Electoral Act 2010, INEC lacks the power to review its return, either directly or indirectly as the winners of the election by purporting to withdraw its Certificate of Return, a power exclusively vested in the courts.
She also went on to declare that by virtue of Section 75 (1) of the Electoral Act 2010, INEC lacks the power to cancel, nullify, review, withdraw, void, invalidate either directly or indirectly the Certificate of Return validly issued to candidates on winning the election, a power exclusively given to the court.
On their so-called Supreme Court victory, which is ambiguous, Justice Olotu noted that by virtue of Section 75 (1) of the Electoral Act 2010, INEC lacks the power to issue Certificate of Return to the 5th-14th defendants in relation to the constituencies over which they were earlier issued with valid Certificates of Return when neither the Court of Appeal nor the Supreme Court had nullified them.
Even a lay man would wonder where the Supreme Court specifically ruled that INEC should sustain the status quo of injustice committed against the complainants. Again, did Justice Olotu act outside her powers or powers of the courts, which are exclusively granted the power by the Electoral Act 2010 to cancel, nullify, review, withdraw, void or invalidate the Certificate of Return issued to a candidate or candidates after being declared winners of any election? Did she exercise any powers outside her jurisdiction or outside the powers exclusively granted to the courts by the Electoral Act 2010? If INEC unilaterally exercises the powers of the courts in this regard, was Justice Olotu wrong to deliver a judgment within the powers granted the courts by the Electoral Act? Did the Supreme Court judgment say that the High Courts have no powers to interpret the powers of the courts within the provisions of the Electoral Act 2010? Why did Rotimi Fashakin dodge these fundamental questions?
It is clear ab initio that his intention was to confuse Nigerians. Did the Supreme Court validate the election of members of the Masari group? When did the Supreme Court judgment oust the powers of the High Court or any other courts to exercise the powers granted them by the Electoral Act 2010 over matters of validation, nullification of election?
Fashakin’s verbiage is a pathetic effort to mislead Nigerians. It is on record that the CPC national leaders repeatedly maintained that the so-called prerogative is superior to the will of the people. It is also on record that the party has established a notorious reputation for cancelling validly conducted primaries and imposing aspirants with the least votes as candidates.
In one Federal High Court ruling in Abuja, the Judge declared on a case brought by Mohammed Abacha, who was adjudged the winner of the December 2010 gubernatorial primaries in Kano State, that the so-called party prerogative cannot replace the provisions of the Electoral Act 2010 or the will of the people.
In Bauchi, Katsina and Kano states the CPC national leaders rejected the results of validly elected candidates at the primaries to impose their anointed candidates. The highest corruption is to invalidate the will of the people and impose candidates by military fiat.
Justice Olotu limited her judgment to the powers of the courts in the Electoral Act 2010 and, since the Supreme Court judgment Fashakin referred to didn’t bar her from exercising those powers, what point was he trying to make? Did the Supreme Court direct INEC to sustain the status of injustice against those whose Certificates of Return were withdrawn? Were members of the Masari faction of the CPC in Katsina State told to continue in office as validly elected candidates?
The CPC Secretary General, Alhaji Buba Galadinma once threatened that any member of the party that went to court to challenge injustice done to him or her would be expelled. Ironically, Fashakin who has no respect for the rule of law or the will of the people is now using the courts to deceive Nigerians.
Justice Olotu acted within her powers and any attribution of corruption or corruption to her reputation is a cheap attempt to divert our attention from the assault on democracy by those who have no regard for the will of the people. The CPC lost Katsina State in the 2011 governorship and House of Assembly elections because of undemocratic policy on imposing unpopular candidates against the results of validly conducted primaries. No court can replace the will of the people through legal gobbledygook.
Justice Olotu should be commended for her courage and judicial activism by standing on the side of Justice no matter whose ox is gored.
As courageously asserted by Justice Gladys Olotu, the Senate President and the Speaker of the House of Representatives ought not to have sworn in the federal lawmakers from the Masari faction of the CPC in Katsina State in the first place. It is never too late for the two leaders of the National Assembly to reverse the injustice against the 10 Federal lawmakers who were the validly elected candidates. In the famous words of Usman Dan Fodio, “societies can endure unbelief but they cannot endure injustice.”
Bashir Isah is of the Alliance for Democracy and Good Governance in Katsina State.
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