I wanted to hear the magical explanation INEC could possibly give in defense of the indefensible. Last week’s EU election observers’ final report was brutal. Much worse than the initial post-election press conference which I was in Nigeria for in February.
By Emmanuel Ogebe
I spent last week catching up with friends and doing Sallah waka, thanks to the inability of the Independent National Electoral Commission (INEC) to open its defense in court as scheduled.
You can plan your life and Nigeria will re-plan it for you. Nigeria is the living embodiment of the physics law “for every action, there is an equal and opposite reaction.” Nigeria is our opposite and negative reaction to our positive actions.
I consoled myself that since my flight back to the US was midnight on July 3, I would watch two sessions of court before departure. However Nigeria had other re-plans.
On Monday morning, the court session began timely. The usual arduous announcement of appearances occurred.
I wanted to hear the magical explanation INEC could possibly give in defense of the indefensible. Last week’s EU election observers’ final report was brutal. Much worse than the initial post-election press conference which I was in Nigeria for in February.
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The Respondents’ lead lawyer informed the court that he had three witnesses but the one he was going to call first wasn’t around. Thus he wanted an adjournment.
The court adjourned to tomorrow and all the hundreds of lawyers, parties and media began exiting the court. Nothing achieved except announcement of appearances of counsel.
To say I was indignant is to put it mildly.
As I told an incognito Senior Advocate of Nigeria (SAN) seated next to me, this was patently unacceptable. If I had a case of this nature with limited time frame to render my defense, I would have a backup witness in case the first failed. That is logical planning 101. It doesn’t require a law degree.
Every Nigerian is a logistician and a survivalist. We have three backup plans for how to achieve any single mundane task because we know Nigeria happens. This is Abuja where army Generals take the train to Kaduna for fear of kidnappers on the road, escorted with helicopters. The helicopters were a “Plan C” to evacuate them in case the train was attacked!
I felt that counsel’s claim that he hadn’t heard from his witness wasn’t good enough. It was emblematic of an INEC BVAS failing to upload with all fully present for that.
In fairness, a similar drama played on LP’s first day, when they claimed their witnesses were both sick. This is an age long pattern of practice in Nigeria that needs to change.
I agree with Petitioners’ lead counsel who said, his learned colleague failed to take him into confidence that he was unready to proceed today. It would have saved all of us time and money in post-subsidy Nigeria.
A few weeks ago, we had a pro-democracy protest outside the White House. We introduced ourselves to the secret service agents and showed them our permit. To the amazement of my colleague from Texas, one of the female agents asked, “Are you planning to be arrested today?”
I explained to him that in DC, you usually tell the officers at the protest if you want to be arrested and the number of those wishing to be arrested so they have enough handcuffs and transportation to take you to the station.
That’s the extent of organization in the US because there are some protesters who want the badge of honour of being arrested for their cause.
Over 10 days after the petitioners closed their cases, INEC’s defense is yet to upload in court just like the IREV which has still not uploaded 100% since the February elections.
Whether or not the Respondents lose one of their allotted trial days as happened to the Petitioners, it is one more day lost to an unresolved election and by that token the dubious fruit thereof.
- Emmanuel Ogebe, Esq, is a prominent US-based international human rights lawyer and Nigeria pro-democracy advocate with the US NIGERIA LAW GROUP in Washington. This month, he marked the 27th anniversary of his abduction and torture by Gen. Abacha for demanding an investigation of the assassination of pro-democracy icon Kudirat Abiola over the June 12 election annulment. His advocacy led to the naming of Kudirat corner by Nigeria House in New York, the US designation of Boko Haram as a foreign terrorist organization and International Criminal Court Prosecutor’s determination of crimes against humanity in Nigeria amongst others.
- This is Ogebe’s fourth report on election litigation observer mission to Nigeria.