In the last few days, the judgment delivered by the Kano state gubernatorial election petition tribunal, overturning the election of Governor Abba Kabir Yusuf of the NNPP in favour of that of APC, Nasiru Yusuf Gawuna had generated critical comments from the cross-section of the society.
That judgment perhaps in recent history more than any other has brought ridicule to the judiciary as an independent body saddled among others with the responsibility of adjudicating election matters in Nigerian political landscape.
Taking clues from the comments made by reputable legal luminaries consisting of Professors of law, senior practicing lawyers, serving and retired judges as well as other public commentators had faulted the judgment on many grounds most importantly from the point of law, inherent contradictions and inconsistencies. It is widely believed that the judgment was premeditated and secured in favour of the ruling party at the center.
Much has been expressed through divergent perspectives, but the most eclectic interpretation is that the judgment is to say the least an attempt to subvert the will expressed by Kano people during the 18th March gubernatorial election using the judicial institution through invisible manipulation.
It is sad to recall that few months before the election the overbearing and powerful wife of the head of a federal security establishment of Kano extraction was involved in a commotion with the then NNPP Gubernatorial candidate Gov. Abba Kabir Yusuf. This incident that was widely reported by the mainstream and social media occurred at the Mallam Aminu Kano International Airport where she showered vituperations, spurious and nasty comments on Abba Kabir Yusuf and swore that he will never be a Governor of Kano state. Another invisible hand is discernable to a King maker in Kano Emirate who performs the role of go in-between for the principal characters directly involved with the issue.
To this moment, this group, having realised that the judgment had elicited national and global condemnation on account of its heist nature, continues to hold clandestine meetings at the instance of the APC leadership. To the leadership of the judicial arm of Government, let it be on record that the September 20th judgment delivered by the Kano state gubernatorial petition Tribunal has sent shock waves that rock the foundation of justice across the globe.
The decision to snatch away the hard-earned victory of Abba Kabir Yusuf and hand same to a “bitter loser” (to borrow a leaf from Justice Benson Anya) who never petitioned against the victory has made nonsense of democracy and replace it with totalitarian system of governance through Judicial fiat. If the judiciary cannot nurture and sustain the sanctity of democratic institutions like free, fair and credible elections expressly and succinctly won and declared by a constitutionally empowered electoral umpire, then we are in for a deep sheet.
The judicial system has thus replaced democracy with the worse form of dictatorship, more nefarious than a military coup d’état. Furthermore, the judgment raised serious concerns about the impartiality and independence of the judiciary. It confirmed the suspicion of the utilization of the state apparatus of power to manipulate the power game through undemocratic means. The outcome therefore of that judgment calls into question the integrity of the entire judicial process seemingly bastardized by the tribunal. To salvage the image of the judiciary therefore, it is crucial to investigate any potential interference or undue influence exerted upon the tribunal members, ensuring that justice is not compromised for political expediency.
The foregoing advice is anchored on the principle of transparency and accountability that are the cornerstone of a just and functioning judiciary. Regrettably, the judgment in question failed to meet these fundamental standards. The tribunal’s decision lacks transparency in every sense as it does not provide a clear rational for its deduction of over 165,000 votes from the votes of Abba Kabir Yusuf and thus her verdict. This lack of clarity and particularization undermines the verdict and public trust which also raises serious concern about the fairness of the entire electoral dispute resolution process.
To President Bola Ahmed Tinubu, it is incumbent upon him to tenaciously uphold, preserve, and protect democratic principles when and wherever is subverted and violated in the whole of the federation. The sacred mandate freely given to Governor Abba Kabir Yusuf by the citizens of Kano state is sacrosanct, and therefore be defended by all true democrats.
The President’s credentials as a democrat are impeccable and too much to be sacrificed on the altar of few minorities who lost election and now desperate to reclaim power by all means possible including judicial manipulations. The president may recall that under the era of PDP centrally controlled Government in Nigeria, states like Ekiti, Osun and Edo as represented by governors Rauf Aregbesola, Kayode Fayemi and Adams Oshiomhole of the then ACN reclaimed their mandate through the fairness of the appellant courts. As such, the judiciary under your administration should be seen to be truly independent to discharge justice no matter whose ox is gored.
Furthermore, the president may recall that he is presently rallying coalition of West-African Military, Diplomatic and Economic fronts to confront the military Junta in neighboring Niger Republic who ousted the democratically elected government of President Mohammed Bazoum. Therefore, under no circumstance should a civilian coup d’état be tolerated in Kano, Nigeria.
On this note, let it be reiterated that if Ganduje successfully instal Gawuna as a Governor of Kano state; he will take the advantage of distorting the power configuration under Tinubu’s Presidency, thereby perfecting the plan of displacing the trio of Shetima, Ribadu and Gbajabiamila out of relevance within the power circle.
Last but most important, President Bola Tinubu should draw lesson from history as any attempt to entrench a civilian coup d’état in Kano state as being stage managed by the election petition Tribunal through its judgment, may possibly occasion a civil strife in the state with spillover effect on democracy in Nigeria.
This is reminiscence of the then ruling party NPN’s attempt in 1983 general election to impose Mr. Akin Omoboriowo and Omololu Olunloyo as Governors of Ondo and Oyo states respectively, all through electoral rigging and manipulations. Mine here is a word of caution and circumspection by all public policy actors in Nigeria to save our democracy through entrenching democratic values and cultures.
Muhammad is a Policy and Security Analyst based in Kaduna.
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