By Ben Ogbemudia, Abuja

A group known as God and Country Ombudsmen for Nation Building (GOCONB), has Petitioned the Chief Judge of Nigeria over the way and manner the Edo state electron tribunal dismissed a petition filed by a candidate of the Labour party representing Orhionmwon/ Uhumwode federal constituency, Murphy Imasuen in the February 25, 2023 general elections.

The group is made up of retired and serving judges, magistrates and apex media doyens known as God & Country Ombudsmen for Nation Building (GOCONB), has risen to bolster Nigerians’ confidence in the public trust and image of the country’s judiciary as the 2023 elections of Nigeria continue to reverberate in sundry outcomes.

Details of the GOCONB petitions dated November 14, 2023 and obtained by our reporters from Abuja judicial sources indicate that the new judicial advocacy body also comprises zenith professionals of the media, environmentalists and international solicitors, some of who hold briefs with the ECOWAS, the African Union and European Commission, among global development institutions and partners.

Part of the advocacy mandates of the bench body was contained in a sizzling petition dated November 14, 2023 and titled “Preserving the Honour & Integrity of Nigeria’s Judiciary from Unpatriotic Conduct of Three Tribunal Judges – Justice Yusuf Ubale Mohammed, Justice M.O. Agboola & Justice Mrs. K.A. Keweanya – Assigned to Edo State 2023 National Assembly Election Petitions.”

The petition was separately addressed to the Chief Justice of Nigeria, His Lordship Ariwoola Kayode, the National Judicial Council (NJC) and the President of the Court of Appeal, Her Lordship Monica Dongban-Mensah.

It will be recalled that on Saturday October 28, 2023, the election petition tribunal of first hearing sitting in Benin and headed by Justice Yusuf Mohammed with Justice M.O. Agboola and Justice (Mrs) K.A. Keweanya as members, dismissed the petition of the Labour Party’s candidate, Mr. Murphy Imasuen, which challenged the declaration of his APC opponent, Mr. Osawaru Billy Famous, as the winner of Orhionmwon/Uhunwode federal constituency in the February 25 National Assembly election to the House of Representatives.

It will also be recalled that the Labour party under the national leadership of Julius Abure’s faction and state exco leadership of Mr. Kelly Ogbaloi had two candidates, Mr. Imasuen Murphy and Mrs. Elizabeth Ativie, both of who claimed entitlement to the LP ticket for the same Orhionmwon/Uhuonde federal constituency.

The incident of the Labour Party having double candidates in Orhionmwon constituency is viewed by political observers in Edo and across the country, including increasing number of doubtful Obidient supporters, as akin to the notorious double candidates affliction which had hurt the party during the recent off-season governorship elections of November 11 where both the Julius Abure and Lamidi Apapa factions presented to INEC and the states’ electorates separate governorship candidates for those elections.

Totaling six Labour Party governorship candidates for three states in the same election, the situation which has become peculiar to Labour Party is beginning to generate across the country harsh questions and scrutiny of the leadership capacity of Mr. Peter Obi, the party’s popular presidential candidate in the 2023 elections for his seeming inability to rein in internal crises of the party.

“If Obi cannot contain and resolve such little but damaging internal squabbles in his small political party,” a legal luminary at the Law School, Abuja, commented to our reporter last week while speaking on the Imo, Bayelsa and Kogi elections, “what are the assurances that he can administer entire Nigeria given thousands of complex institutions, agencies, boards, commissions, embassies, religious, ethnic and multi-faceted governance crises of entire Nigeria?”

For the Orhionmwon constituency, both Murphy Imasuen and Mrs. Elizabeth Ativie, a former speaker of Edo state House of Assembly under APC, locked horns and made claims to the Labour Party’s rep ticket of the same constituency before the February 25 National Assembly elections. This led to exhaustive pre-election litigations which began at the Federal High Court and went through the Appeal Court up to the Supreme Court.

Court documents diligently obtained by this media showed that in the above legal tangos, the Federal High Court in Suit No. FHC/B/CS/129/2022 delivered a pre-election judgment on February 20, 2023, while the Appeal Court in Suit No. CA/B/35/23 delivered the Federal High Court’s appealed judgment on April 20, 2023, both of which declared Imasuen Murphy as the lawful House of Rep Candidate for Orhionmwon/Uhunwode federal constituency of Edo state.

Investigations further revealed that not satisfied, Elizabeth Ativie, supported, by Julius Abure and the state chairman, Kelly Ogbaloi, filed an appeal at the Supreme Court to reverse the Appeal Court’s decision. The Supreme Court also struck out Ativie’s and Abure’s appeal when the Abure-Ativie political matrimony grew cold feet and the duo abandoned the appeal in the face of obvious defeat.

Out reporters undertook further investigations to understand why the national chairman of the party, Julius Abure, and its Edo state exco led by Kelly Ogbaloi supported the APC crossover aspirant, Mrs. Elizabeth Ativie, instead of Mr. Imasuen Murphy who is the older member of the party.

Sources close to Abure and Ogbaloi claim that the two officials of the party rooted for Ativie, who joined the party only in June 2022 after earlier failing APC primaries for the ticket, not because they loved Ativie in any way but for one reason. Ativie allegedly offered mouth-watering “delicacies” which some quarters in Edo LP described as “juicy under-table profits” to Abure and Ogbaloi beyond what Imasuen was deemed too straightforward to contemplate. Imasuen is well-known as an amiable but uncompromising advocate of integrity and due process.

Delivering judgment on October 28 on Mr. Imasuen’s petition, identified to our reporter as Petition No. EPT/ED/HR/12/2023, the three-man National Assembly and State Houses of Assembly election petition panel headed by Justice Yusuf Mohammed sent shock waves throughout Edo state and the judicial community of Nigeria. The Yusuf Mohammed panel unanimously ruled that in spite of the pre-election judgment of the Federal High Court and the sequel Appeal Court judgment which declared Imasuen Murphy as the rightful candidate of the LP, the panel did not recognize Imasuen as the candidate of the Labour Party but Elizabeth Ativie whose candidacy had been terminally squashed by the Appeal Court. The tribunal concluded that Imasuen Murphy therefore had no locus standi whatsoever to pursue any election matter related to the Orhionmwon/Uhunwode federal constituency seat.

In effect, the adhoc election petition panel of Justice Yusuf Mohammed ran roughshod over and patently dismissed as of no consequence the superior jurisdiction, authority and judgments of both the Federal High Court and the Court of Appeal which upheld Imasuen Murphy as the lawful candidate of the Labour Party. The question emerging from this is automatically inevitable: what river of wine and banquets of toothpick must have flowed under the judicial tables of Justice Yusuf Mohammed, Justice M.O. Agboola and Justice Mrs. K.A. Keweanya to produce such fantastically aromatic judgment?

The Electoral Act of Nigeria stipulates that petitioners have a maximum of 21 days to file petitions to an election tribunal, including an appeal panel if a petitioner feels dissatisfied with the judgment of a lower election tribunal. Investigations indicate that Mr. Imasuen Murphy has filed an appeal dated November 20, 2023 against the lower tribunal judgment. Curiously, however, inquiries at the LP national secretariat Utako, Abuja, the party’s state secretariat in Benin chaired by Kelly Ogbaloi and the Justice Yusuf Mohammed Tribunal in Benin, neither the Appeal Court tribunal in Lagos showed that up to the expiration of deadlines for filing either petitions, Elizabeth Ativie and the LP national chairman, Julius Abure, who ought to grieve the Labour Party’s loss the most did not file any petition at either the lower or appellate tribunals.

Pundits and watchers of Labour Party say this is a red flare for many untoward things in the party under the captainship of Julius Abure. They claim that it virtually confirms widespread intelligence within the Edo Labour Party community which has it that before the February 2023 general election, Julius Abure had gone into agreement with APC leaders from Edo state, headed by former APC national chairman, now Senator Aliu Oshiomhole, and another former national chairman of the APC, Chief Odigie Oyegun, both also former governors of Edo state.

The Abure-APC pact, they say, was to send Elizabeth Ativie as advance party to destabilize the strength and success of the rejuvenated LP in Ativie’s part of the state towards APC’s easier capture of Edo state in the oncoming 2024 governorship election, after which Abure would decamp to the APC at the end of his perpetually elongated tenure as LP national chairman for a guaranteed Edo Central senatorial ticket in 2027. That was why Abure and Ativie, a smokescreen ship jumper from the APC, never bothered to pursue her Abure given LP ticket at the lower election tribunal, much less appeal.

As backup to the above conspiracy theorem, yet another widespread information pipeline has it that in a huge cash-out deal as good as an oil well gift, Abure and his Kelly Ogbaloi’s state exco of the party are currently playing a second post-2023 empowerment and self-aggrandizement card. Those who hold this theorem allege that this involved selling the Labour Party’s governorship ticket in 2024 to Edo PDP governor, Mr. Godwin Obaseki, by maneuovering the party’s governorship ticket into the hands of Governor Obaseki’s cousin and avant garde agent to the LP, Barr. Olumide Akpata, the erstwhile president of the Nigeria Bar Association (NBA).

Citizens interviewed assert that if that were not true, Abure and Ativie would have been grieved and expeditious in filing pungent and expeditious petitions against what they allege is “a patently fraudulent, corruption induced election judgment against the Labour Party” by the Justice Yusuf Mohammed tribunal panel.

However, this media thinks that not all such news should be believed, especially in an election season. This is because it is generally a season where the floods of half-truths, half-lies and assumed notions often overflow their banks.

Except that behind every smoke there is a flame, and behind many a rumour lurk elements of truth. Whichever case is true, in any case, time will lift the lid.

Part of the GOCONB petition to the CJN, NJC and President of the Court of Appeal read:

“Compelled by the highest sense of affinity to your august offices as foremost officers of our country’s judicial realm, our humble objective in filing this petition before Your Lordships is to express how shocked we are that judges of an Election Petition panel would over-reach themselves to dismiss a pre-election judgement decided by both the Federal High Court and the Court of Appeal which had affirmed the candidate of a political party, and to entreat Your Lordships’ severest scrutiny of and appropriate disciplinary actions against such judges.

“The dismissal of the Imasuen Murphy petition by the Justice Yusuf Mohammed tribunal on the ground that Mr. Imasuen was not the candidate of the Labour party and therefore that he had no locus standi to come to the tribunal is unfounded, distressful, egregiously contemptuous of superior courts and not supported by law or facts.

“Reasonable minds cannot help but think of Justice Yusuf Mohammed’s tribunal as one on a cause of personal interest advancement and not a justice mission to Edo state.

“Your Lordship… with the gravest concern, it is our excruciating observation that the judgment makes the Nigeria judiciary a laughing-stock and brings ridicule and contempt to our hallowed justice entity nationwide.”

Continuing, the GOCONB prayed the CJN, NJC and the President of Appeal Court: “We entreat Your Lordships to diligently look into this petition, as well as all similar matters of justice miscarriage arising from the 2023 general elections and tribunal adjudications across the country, and bring justice to bear on their inherent merits.

“There are consequences on the integrity of the Nigerian judiciary from unclothed travesties like the one discussed in this petition. We are concerned, Your Lordships, that if this type of extreme travesties in our justice system are not sanctioned timely and appropriately, they will hasten total erosion of the confidence of the common man in Nigeria, the international community and foreign investment interests hitherto considering to do business in Nigeria.

“On the other hand, if Your Lordships’ timely intervention culminates in a redeeming and healing positive outcome, the reversal of justice miscarriage, victory for Imasuen Murphy and others like him across the country, their denied and violated electoral constituencies and Nigeria in general will revert to celebrate the judiciary and nurse its image back to good health to serve the nation.

“We think that this is important after the tremendous crises of confidence that currently pervades our country in the wake of the 2023 general elections. We pray accordingly for your positive actions in above regards.”

The body went on: “We are delighted to acknowledge the existence of and applaud highly courageous men and women of the Nigeria judiciary who are committed to the rule of law and justice for all, and who are actually in clear majority throughout our country.

“Unfortunately, it is the nature of the social matrix of human society that the unfairness of a few in deviation tends to overwhelm, taint and tarnish the honourable majority if the majority stands aloof or indifferent to the harm done by the few.

“Finally,” the body concluded, “as impartial human rights ombudsmen across our nation, it is our humble and heartfelt prayer that as we happen upon similar outcries of justice-shortchanged Nigerians, irrespective of their political party and religious backgrounds, Your Lordship will, in service to God and country, continue to indulge and avail us the attention of your august office as we strive together in patriotic partnership for nation building towards a better Nigeria.

“We look forward to your positive, expedite action on our petition and remain with highest esteem.”

The GOCONB petition was signed by the association’s Director of Public Complaints, Oboyi Peters Esq., its Complaints Verifications & Certification Officer, Esmerald Bazunu-Bright Esq. and Prince Tony Akeni, Executive Director Africa, an ace civil rights journalist who is also head of the media society of the association.

***Justice in Nigeria is only for the rich says Prof Yemi Akinseyi George

At an access to Justice in Nigeria Parley, the Nigeria Correctional Service on Tuesday raised issues over 5000 inmates who have been sentenced to death by hanging but have waited for decades without their sentences being carried out.
The Controller general Nigerian Correctional Service Haliru Nababa spoke on Tuesday at the launch of the Court Administration and Management and The Reforming Pre-Trial  Detention in Nigeria Phase II projects in Abuja which was bankrolled by Public and Private Development Center (PPDC) a civil Society Organization.

Represented by Gimba Dumbulwa, Assistant Controller, Custody of the Service he said the delay is being linked to Governors of the various States and their reluctance to sign their death warrants which he said is contributing to Prison congestion issues

“Somebody who is sentenced to death by hanging, some have stayed for 10 years, 15 years and even 20 years in custody while their death sentence has not been signed by the governors.
He called on stakeholders from the respective states to use their Attorney generals to influence their state Governors to see that those inmates who have been sentenced to death by hanging to commute their sentences to imprisonment. This he said is expedient so that those that have spent the years of sentence could be released
“We are pleading with you so that the respective governors who are not interested in signing the death warrant let them commute their sentence to imprisonment.
According to him, there 80, 020 inmates with 5,076 awaiting trial which he said is 70% of inmates hroughtout the country.
The

Professor Yemi Akinseyi George (SAN) of the Center for Socio-Legal Studies who presented the keynote address on “Opening the Path to Justice: Current Challenges and Prospects of the Nigerian Justice system” said justice in Nigeria is for the rich adding that he agree with that absolutely.
According to him, Only the rich can afford the services of a lawyer.
“Only the rich can afford to pay for their witnesses to come to court and it should not be so, this is a democracy we must not purnish the poor people unjustly but the justice system we run now is only for the rich.
“The Legal Aid System is not properly funded. Many persons can not aford the services of lawyers, therefore government needs to invest more on funding legal aids, Lawyers should be engaged in all our local governments to stand up for the poor, not just to defend them in court but to bring claims for the enjoyment of their rights to help the poor get their entitlement from the States, even things that we have promised them. “They need lawyers to stand for them. So we need lawyers all over the country. Government should engage more lawyers at the Local Governments, at the ward level, who will be representing the poor.
Explaining futher, he said the problem of the criminal justice system in Nigeria is delay, very embarrassing delay.
“One of the major reason for this delay is lack of effective pretrial case managements. Effective pre-trial case management would create a situation where the judge, the prosecutor, the witnesses and all the parties including the complainant to agree on a timetable before the trial begins.
“In Nigeria we don’t conduct effective pre-trial case managements even though the law provides for it. So it is important that all heads of courts, Attorney’s general must begin to insist that court in trial of criminal cases must conduct Pre-trial case management whereby before a suspect is arraigned for trial we have agreed on a timetable for the trial, how many witnesses we are going to call, how we are going to get the witnesses in to court and pay their expenses, those who needs protection, how they are going to be protected.
“So what Public and Private Development Center is doing in collaboration with UN embassy and INL is to begin to insist, to begin to build the capacity of the Nigerian legal system to conduct effective Pre-trial case management before trial commences.
“That is what all this process is all about and without that pre-trial all these effort to fatstrack justice would not be effective.

“The criminal justice system has not been able to expediciously deliver justice. The justice sydtem is too slow, we keep on adjuorning and adjuorning cases whereas we should have in place case management system so that criminal cases can commence and be concluded.
“But a situation where trial goes on ad infinitum, indefinatly does not augur well for democracy.
“This is why criminality continues. A lot of people opted for crime, those who are in court are not getting out.
“We are not seen to be purnishing wrong doers that is why wrong doing and impunity appears to be increasing so all stakeholders, Attorney General, chief judges, civil Soviety all of us needs to come together under the leadership of the Attorney General of the Federation Lateef Fagbemi.
“He has already begun to call for all stakeholders. Let us collaborate with him, work with the development partners, the organizations like Private Public Development Center (PPDC) so that together we can improve acces to justice because without access to justice Democracy is a nightmare, without access to justicw democracy is meaningless because everybody must be able to have their day in court.
“We are not saying everybody should be convicted but what we are saying is that they should go through the system and know that they have been tried, they have been given opportunity to say whether they are guity or they are not guilty. How can we keep over 70 persons in detention without trial it is an embarrasment.
“We all need to get up as stakeholders, lawyers, media and the whole of the society must deal with this problem because we have been dealing with this problem for years.”
PPDC’s board chairman Chibuzo Ekwekwuo in his speech said the gathering of distinguished legal minds, policymakers, and civil society representatives is a testament to the shared commitment to promoting and upholding the fundamental right to justice for all Nigerians.
“Access to justice is a cornerstone of a just and equitable society. It is the bedrock upon which the rule of law is built and the foundation for a thriving democracy.
“Without access to justice, individuals are unable to protect their rights, hold those in power accountable, and ensure that the law applies equally to all.
“Effective access to justice is often generally cited as one of the biggest obstacles to the realization of human rights.
“There is obvious social and economic inequality in Nigeria. The fundamental essentials of existence, including food, shelter, health care, water, land, and a means of subsistence, are often denied to many ordinary citizens and residents, who also typically have less access to education and the state’s protection. “Although legal assistance or free legal services are provided for by the 1999 Constitution and provided in some measure by the Legal Aid Council, many if not most citizens or residents, especially the poor and disadvantaged, nevertheless believe that access to justice does not exist for them.
“According to Nigeria’s 1999 Constitution, Section 46(4), the National Assembly must pass laws to provide financial aid to any impoverished citizen whose fundamental rights have been violated in order for them to be able to hire a lawyer. The budget for this organization, despite its existence, is insufficient to meet the demands of the populace.¹
In Nigeria, we have made significant strides in expanding access to justice. The enactment of the Administration of Criminal Justice Act, 2015, establishment of legal aid clinics, the expansion of pro bono services, and the recent adoption of innovative technologies have all contributed to making justice more accessible to more people.
“However, there are still challenges in accessing justice in Nigeria. These challenges include normative legal protection, legal awareness, legal aid and counsel, adjudication, enforcement and civil society oversight amongst others². There has been a sustained struggle for the protection of the human rights of individuals, groups and communities in Nigeria³.

We must therefore acknowledge that there is still much work to be done. Too many Nigerians remain unaware of their rights, unable to afford legal representation, and hindered by a complex and often intimidating legal system.
“Our awaiting trial population in our custodial centers has over the years maintained a steady range of 65-80% of the total prison population.
“Our judges still write in longhand, the speed of our justice system is still less than desired, the ACJA is still yet to gain full implementation amongst other challenges.

PPDC’s board chairman Chibuzo Ekwekwuo in his speech said the gathering of distinguished legal minds, policymakers, and civil society representatives is a testament to the shared commitment to promoting and upholding the fundamental right to justice for all Nigerians.
“Access to justice is a cornerstone of a just and equitable society. It is the bedrock upon which the rule of law is built and the foundation for a thriving democracy.
“Without access to justice, individuals are unable to protect their rights, hold those in power accountable, and ensure that the law applies equally to all.
“Effective access to justice is often generally cited as one of the biggest obstacles to the realization of human rights.
“There is obvious social and economic inequality in Nigeria. The fundamental essentials of existence, including food, shelter, health care, water, land, and a means of subsistence, are often denied to many ordinary citizens and residents, who also typically have less access to education and the state’s protection. “Although legal assistance or free legal services are provided for by the 1999 Constitution and provided in some measure by the Legal Aid Council, many if not most citizens or residents, especially the poor and disadvantaged, nevertheless believe that access to justice does not exist for them.
“According to Nigeria’s 1999 Constitution, Section 46(4), the National Assembly must pass laws to provide financial aid to any impoverished citizen whose fundamental rights have been violated in order for them to be able to hire a lawyer. The budget for this organization, despite its existence, is insufficient to meet the demands of the populace.¹
In Nigeria, we have made significant strides in expanding access to justice. The enactment of the Administration of Criminal Justice Act, 2015, establishment of legal aid clinics, the expansion of pro bono services, and the recent adoption of innovative technologies have all contributed to making justice more accessible to more people.
“However, there are still challenges in accessing justice in Nigeria. These challenges include normative legal protection, legal awareness, legal aid and counsel, adjudication, enforcement and civil society oversight amongst others². There has been a sustained struggle for the protection of the human rights of individuals, groups and communities in Nigeria³.

We must therefore acknowledge that there is still much work to be done. Too many Nigerians remain unaware of their rights, unable to afford legal representation, and hindered by a complex and often intimidating legal system.
“Our awaiting trial population in our custodial centers has over the years maintained a steady range of 65-80% of the total prison population.
“Our judges still write in longhand, the speed of our justice system is still less than desired, the ACJA is still yet to gain full implementation amongst other challenges.

***Says it is another sad day for democracy in Nigeria

The leadership of Labour Party has described the verdict of the Supreme court affirming the victory of President Bola Tinubu and dismissing the petition of the party’s Candidate Peter Obi in the The February 25th , 2023 Presidential election as a trampling on justice and Truth
The National Chairman of the party,
Barrister Julius Abure said with the verdict the struggles by our founding fathers to build a nation where where justice and truth shall reign and enthroned democracy have been destroyed

.

He said the party watched as the sacred fabric of justice and good conscience was shredded at the Suprme Court as it delivered its verdict in the case between their party’s Presidential candidate and the APC Presidential candidate.

“We are indeed very shocked and surprised that even the apex Court will toe the line of an earlier judgement in spite of all the flaws associated with the judgement delivered by the Presidential Election Appeal Tribunal.

“Having conclusively exercised our fundamental rights as gifted to us by the laws of the land, we have no other choice but to move on. We may be disappointed and dismayed by the outcome of the exercise but we have chosen to trudge on and to remain optimistic of what the future holds for the nation.

“We weep for our Institutions that cannot rise to the occasion and courageously defend democracy and the voices of our people.

“However, there are great lessons to be learnt. What transpired in Nigeria since the February 25 presidential election is a clear testament that our institutions are not working and that we may be sliding towards dictatorship.
“It is very clear that the executive has hijacked both the judiciary and the legislature. This is so unfortunate for our democracy and it is even more for the people of Nigeria.

“All what our forbearers taught us has been destroyed within a short space of time because of the Unbridled ambition of a few. The founding fathers fought with their lives to achieve independence for the country.
“People lost their lives for the struggle to keep our democracy and all these years people have been struggling to achieve electoral and constitutional reforms. Regrettably, all of these efforts and struggles have been destroyed today

“It is also pertinent to put on record that we have it on very good authority that the government may have marked some Labour Party’s key leaders, my self especially and our Leader and Presidential candidate Mr Peter Obi in particular for vilification, in order to suppress the party, suffocate our team, and our goal of a new Nigeria.
“The planned persecution, intimidation, suppression and harassment of our leaders using security agencies and all other government institutions will be definitely defended.

He called on all the members of the party and the Obidient family to be vigilant and brace up for the challenges ahead as the struggle for a New Nigeria will certainly be tortuous and hard.

“We are also calling on the International community to rise to the occasion to defend democracy in Nigeria. Your voices were loud and clear in condemnation of the outcome of the presidential election. “As we approach the next stage of our democratic journey, we call on you to stand by the millions of Nigerians who are already pushed beyond their limits into unnecessary hardship and penury.

“Finally, we urge Nigerians not to lose hope in our Country. Though we are paying a huge price to achieve a Nigeria of our desire. We are hopeful that we will get to our destination someday because where there is a will, certainly, there will be a way. A new Nigeria is still possible.”