Enugu Tribunal Judgement
In an interview granted to Channels TV yesterday, Inibehe Effiong a Lagos based human rights lawyer described the judgement that was delivered in favor of the Governorship candidate of the PDP Mr Peter Mba, as a miscarriage of justice.
I have read the judgement. Does that put to bed some of the issues that were raised during the whole process of the tribunal?
I have reviewed the judgment, I have read it about two times from page one to page 145.
What makes the Enugu case One of interests is that unlike petitions in many of the states, the Enugu petition raised issues that were recondite, issues that had strong constitutional
flavor and then particularly one where we saw is not a very common way an agency of the Federal Government in this case.
The National youth service Corp, come before the court to give evidence in substantiation of the case of the petitioner.
That is in this case, the Chijoke Edeoga the candidate of the Labour Party, to aid them in proof of the petition.
Now I have studied that judgment. I have tried to understand the due process of that judgment, the reasoning of my lords, and the balance upon which that judgment was given.
And I said this with all sense of responsibility and as lawyer that having read that judgment,
there are several aspects of it that I have been unable to explain or that I am unable to understand.
I’ll give you one example, in consideration of the first issue for determination, the ground one of the petition or the principal relief as it relates to the legibility of Mr Mba the Governor of Enugu State or in this case the candidate of the PDP, whether or not he had presented a false document to INEC.
The tribunal in the judgment considered that yes, that’s indeed, Peter Mba submitted a certificate and NYSC certificate to INEC.
But the tribunal went ahead to say no, that because you don’t need an NYSC certificate to become a governor, and because NYSC certificate is not the requirement Under section,177 of the constitution, therefore, he cannot be disqualified.
With proper respect to my lords, I see that as a way of giving judgment in an environment that does not reflect the spirit of the constitution.
And I would explain that to you, Now, you do not run for office simply because you have met the requirement of age,you are a member of a political party and you are sponsored by that political party. And of course, you have attained school certificate level or it’s equivalent. And you are citizen of Nigeria. These are the four basic conditional requirements for most political positions.
But that’s a no. In addition to meeting the specific qualifying requirements, a person seeking to be a Governor of the state in this case,must also not be inhibited by any of the inhibiting or what I call disqualifying indices on that session 182.
The one that is material for consideration here, is that the constitution says unequivocally that you will not be qualified to be governor of the state or you should be disqualified from being governor of the state if you have presented a forged certificate to INEC.
So now, the question is, did Peter Mba present a certificate to INEC?