The Delta state governorship election petition tribunal is set to resume sitting on Wednesday, May 24, 2023 for the pre-trial of the petitions before the honorable justices. There are two petitions before the tribunal as regards the governorship in Delta state. The petitions were filed by Olorogun Kenneth Gbagi of the Social Democratic Party (SDP) and Ovie Omo-Agege of the All Progressives Congress (APC). Gbagi’s application dwells on the total disqualification of all the candidates on the ground that they were not qualified in the first place to contest the election.
He also contended that the election was marred with high level of electoral malpractices, hence the outcome of the election did not meet standards set forth by the electoral umpire, the Independent National Electoral Commission (INEC). Based on these arguments, Gbagi, the SDP candidate is seeking a declaration that he is the only one left, hence he should be declared winner of the election in Delta state.
Rt. Hon. Sheriff Oborevwori, Speaker of the Delta state house of assembly, was declared winner by the Independent National Electoral Commission (INEC). He won majority of votes cast across the 25 local government areas of the state. But Gbagi is in court to contest against the declaration of Oborevowri as winner of the election.
It is the provision of INEC that candidates who feel cheated in elections are by law permitted to seek redress in the courts, with the belief that the perceived injustice done to them either by the electoral umpire or some political parties during the elections might be corrected and the mandate they believe was stolen could be retrieved.
Resorting to the judiciary for justice is an affirmation of faith in the judicial system. If Nigerians do not have faith in the judiciary no one would approach the courts for justice. And actually, from time immemorial, the courts have done reasonable justice and made some good pronouncements which Nigerians had applauded. Examples abound across the states and across ministries, departments and agencies in Nigeria. It is also true to say that is not absolute that the petitioner will automatically be declared winner by the courts just for that they file suits against some perceived electoral offenders.
Most times, lawyers have won cases through technicalities and not the actual issues that took them to the courts. These technicalities may be unknown to the petitioners which the defendants would easily catch on and aid them to dismiss cases of the plaintiffs. These have been the cases bordering on electoral litigations in Nigeria. Many Nigerians would hope that the litigant has all the chances of winning a particular case but at the courts, lawyers would raise issues hitherto unknown to the plaintiff and hence, crash down the hope of the applicant.
However, we are quite aware that there has been miscarriage of justice on many occasions. Many who have good cases where fair judgment was expected had their hopes dashed due to actions or inactions of the honourable justices who preside over the cases at the tribunal. Many tribunal judges have rubbished the sanctity of the judiciary; an arm of government which many say is the hope of the common man. Many judges had reportedly abandoned their duty of dispensing justice and resort to collection of bribes to pervert the course of justice.
For there to be justice and a balanced society, the judiciary must purge itself from any form of bias and corruption in the passing of judgments. Wrong judgments propelled by bribery have caused more havoc than good to the society. As the Delta governorship election petition tribunal begins pre-hearing on Wednesday, the 24th day of May, Deltans are anxiously watching the drama and the actions of the justices presiding over the matters.
It is expected that cases are painstakingly examined, the merits and demerits are seriously looked into and fair judgment passed, based on the evidences and witnesses before the honourable justices. Passing unfair judgments after allegedly collecting bribes from either the litigant or the defendants would not be the best for the people of Delta who seek for good governance and development in the state. If they do so, which we do not pray for, the honourable justices might have weakened the faith of Deltans in the judicial process, an arm of government believed and expected to be the defender of truth and honesty.
There cannot be a Delta of our dreams if justice is perverted. Not a few Nigerians and nay Deltans have lost confidence in the judicial process. Their lack of faith in the process is due to the belief that certain judicial officers take sides with some political parties either due to financial inducements or tribal affinity. Some tactically support certain groups of people and tend to deliver judgments favourable to those sets of people. They do so without recourse to the aftermath of their actions.
Judges are very powerful group of people in Nigeria. Any judgment passed by judges whether favourable to one party or the other, the judges have no blame. The unhappy individual can only seek further redress in a higher court or accept the verdict and forge on. Judgments some times are passed based on their discretions after weighing evidences before them. While judgments are passed based on evidences, testimonies of witnesses and precedents, judges must ensure they deliver fair judgments irrespective of whose ox is gored.
Judges must not be seen to be partisan or take sides with political parties or individuals with reference to matters brought before them. Judges are expected to be detached from politicians and world people whether overtly or covertly. But due to the unwillingness of politicians and leaders of political parties to lose certain offices, they do all they can to bribe judges so as to pass judgments favourable to them.
As the pre-hearing of the governorship election petition tribunal begins on Wednesday, judges at the tribunal should uphold the tenets of the judiciary and not be carried away with the allurements from politicians and power brokers in the state. We are aware that certain politicians will definitely attempt to bribe them to subvert the course of justice, they must avoid such overtures. Politicians should also allow judges deliver judgments without interference with the course of justice. It is for the overall good of all Deltans for the judges to deliver fair judgments based on evidences before the court and statements of witnesses.
But politicians have always attempted to bribe judges and blindfold their sense of reasoning. Judges at the Delta governorship tribunal should avoid closeness to unscrupulous politicians with ulterior motives to pervert the course of justice. The fact is that judges have nothing to lose, rather they have much to gain if they pass fair judgments based on facts and evidences brought before them. They will have their names written in gold as the judges who deliver landmark judgment. The winner could eventually be the petitioner or the defendant but judgment should be passed on fair ground.
At the same time, passing judgments based on technicalities may not necessarily be the best for Deltans. Judgment should be passed on facts presented before the judges. Technicalities have been seen by discerning minds as attempt to avoid real issues that could lead to better results. People who resort to technicalities are people who know they have lost cases in courts, and therefore they look for matters not connected to the issues raised but may hit the opponents hard to knock out their accusers.
These have been some of the issues Nigerians are contending with in the courts. But Deltans are optimistic that the honourable justices at the Delta governorship election petition tribunal will dispense justice to reflect the true tenets of the judiciary and resurrect the belief of Nigerians in the judicial system. While Deltans await the decision of the tribunal, one may be forced to ask, who wins, Gbagi, Oborevwori, Agege or who? Time will tell.
