₦airaland Forum

OEPHIUS:
A pattern is obviously playing out in Nigeria and that is conflict of interest, which has put the integrity of government institutions to question. We have seen it with the Independent National Electoral Commission (INEC) and now, the presidential elections petition tribunal.

In the build up to the 2019 general elections, there were a lot of questions on whether a National Commissioner of INEC, Amina Zakari, should be involve in the conduct of the election. Many had doubted her impartiality given her blood tie to President Muhammadu Buhari, who was on the ballot for re-election, strengthening call for her to recuse herself from the process.

But neither Zakari or her employer heeded those calls, putting the credibility of the election on trial. Questions of credibility thrown at the electoral umpire by opposition parties and concerned Nigerians have made it difficult for the outcome of the results to be generally accepted.

Similar question abound now that the outcome of the election is being subjected to litigation. It is no other but the raging controversy on the composition of the Presidential Election Petition Tribunal, which has the President of the Court of Appeal, Justice Zainab Bulkachuwa as the chairman of the five-man panel.

Justice Bulkachuwa had arose expectations on the panel to serve fairness when she declared in the inaugural sitting of tribunal that "the Court of Appeal will work in accordance and within the dictates of the constitution, the law and international best practices, to dispense justice to all, without fear or favour, affection or ill will”.

But in another breadth, she observed that "Elections are held every in Nigeria every four years into elective position. No matter how well the election is conducted, there are bound to be complaint(s)."

Predictably, the observation of Justice Bulkachuwa pitched her against the main opposition Peoples Democratic Party (PDP), who questioned her impartiality and asked her to recuse herself from the panel. In a letter to justify its call, the national Chairman of the PDP, Uche Secondus, rallied the fear of PDP to get justice from the Bulkachuwa led panel considering that "your dear husband, Hon. Adamu Mohammed Bulkachuwa, contested for February 23, 2019 election for the position of a Senatorial role in Bauchi North Senatorial district and won same on the platform of the All Progressives Congress (APC)."

That was a valid observation that put trust on trial and integrity of the panel under public scrutiny. It's a general expectation that judges must be an umpire– a neutral and impartial arbiter who favours no political party, litigant or policy. But when this sort principle is abandoned– for instance, a judge observing that "no matter how well an election is conducted" before a trial starts– is obviously improper.

It send a wrong signal that justice may not be within reach and that is dangerous. Even before taking a look at the merit or otherwise of the petition filed against the election outcome, Justice Bulkachuwa tone in her address seemed like a first step toward compromise.

PDP and its presidential candidate, Atiku Abubakar were convinced that the election was not conducted well and that the return made by INEC was unjustified, hence, their petition before the court. That was the right thing to do. That is the most acceptable route in a democracy but the faith in that approach can only be sustained if the arbiter does not presume the intent of petitions.

Judges are like every other human and as such, have ties and affinity. From their immediate family to mutual friends– ex-school mates or social acquaintance, there will always be interest. In some instances, it could be surreptitious political interest, financial exchange and even mutual investment interests that could constitute bias for a judge.

These are realities that can't be entirely discarded. However, when such relationships do create a perception of bias, a judge is duty-bound to take their hands of such case. That has been the call for Justice Bulkachuwa to recuse herself from the panel that would determine the petition that arise from the last presidential election.

From the details available, Justice Bulkachuwa marriage to an APC chieftain, who is now a senator-elect on the platform of the APC, is enough ground for compromise. This is deepened by the fact that the learned justice faith makes her submissive to her husband and this may decisively weigh on her opinion and decision on the dispute.

This fear was captured in PDP’s letter to Justice Bulkachuwa on the need for her to excuse herself from the panel by noting that "it would be impossible for your lordship to convince any reasonable man that your dear husband never discussed this petition, which he is patiently interested in its outcome with you, throughout the trial." That is the doubt agitating the minds of many interested Nigerians and unfortunately, Justice Bulkachuwa cannot entirely clear that mistrust.

Compounding the mistrust, is the revelation that Aliyu Haidar Abubakar, a biological son of Justice Bulkachuwa campaigned for President Buhari in the election that is being contested before the panel she head. PDP had made the disclosure in a motion to push for Justice Bulkachuwa withdrawal from the panel, pointing out that her (Bulkachuwa) biological son, Aliyu Haidar Abubakar is a card-carrying member of the 3rd respondent (APC) and he contested the governorship primary election of the 3rd respondent in Gombe State." The party went on provide Facebook page and pictures to support it claims.

Without doubt, available details are not assuring of an impartial arbiter. And if the maxim of he who comes to equity must come with clean hands, Justice Bulkachuwa should step down from the panel without any further delay. The petition before the panel is a delicate one as it will preface the future of Nigeria and a legal precedence for years to come. It would therefore be a grave injury to our democracy and setback to many who considers judiciary as the last hope of the hopeless due to conflict of interest.

Oke Umurhohwo is a Political Analyst and Strategist. He tweets via @OkeStalyf and can be reached via oke.umu@gmail.com

https://thepunditng.com/presidential-elections-petition-tribunal-like-zakari-like-bulkachuwa-by-oke-umurhohwo/

Yet another masterpiece Mr. Oke. I have one soft criticism to make though if you'll entertain it. But first allow me solidly welcome you into the hallmark of transcended men who speak for truth and integrity. As you continue to tred the path of impartialty speaking the truth, may you continue to shine.

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NwanyiAwkaetiti:
When you grow up in a loving family, witness your dad treat ur mom with love, I doubt that man would turn out to be a woman beater.




Most women beaters grew up in dysfunctional homes

Clown as usual. Is this what you learnt from watching the video. If I slap you.

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