By Emeka Umeagbalasi

We wish to restate our earlier call on the President of the Court of Appeal, to issue a firm directive to their Lordships handling all the 2007 election-related matters to conclude and deliver judgment on them before or on October 31, 2010. Our case-study (CA/E/EPT/66A/2008 and CA/E/EPT/66B/2008) (Barrister Ejezie v. Chief Raphael Okeke) which has been fixed for hearing and possibly adoption on September 22, 2010, must be credibly entertained.

The presiding Judge should be implored to come back from wherever he or she is and assume total control of the case and determine same expeditiously. Any adjournment, other than that fixed for judgment in the said matter, will be unacceptable to us and the aggrieved voters of the Anambra East/West Federal Constituency in Anambra State of Nigeria.

While we commend His Lordship for ignoring the vexatious call by some political parties, by a letter dated July 28, 2010 for the disbandment of the Anambra Governorship Election Petition Tribunal handling the February 2010 gubernatorial dispute over an allegation of bias, we also wish to use this medium to condemn the alleged threats to the lives of the tribunal members led by Justice Pius Damulak by some politicians, whose cases have been slated for adjudication. To threaten the lives of the judges doing their constitutional assignment amounts to judicial gangsterism.

The alleged description of the Tribunal members (whether the incoming or the incumbent) as “Sharia Court Judges, who do not know anything about election matters is totally condemned. This is a height of political rascality and ethno-religious zealotry.

The Tribunal has in a unanimous ruling, delivered on September 3, 2010, in a motion on notice, brought before it by the Action Congress of Nigeria and its governorship candidate, Dr. Chris Ngige, seeking for the Tribunal’s disqualification of itself from further hearing of the Party’s main suit, predicated its ruling (ratio decidendi) on the fact that the ACN and its candidate have lost confidence in the Tribunal. The Tribunal also made a grievous “passing statement” (obiter dictum) to the effect that their lives were being threatened by some politicians that do not want them to handle their matters.

The Tribunal also disqualified itself from handling another matter filed before it by the United Nigerian People’s Party, UNPP, and its candidate, Dr. Christian Okoli on the same premise. It is constitutionally mandatory for the Governor of Anambra State, the State Commissioner of Police and the Director of SSS to provide adequate security for the tribunal members 24hours a day. It is also the constitutional duty of the duo of Police and SSS to thoroughly and conclusively investigate the allegation of threats to lives raised by the Tribunal members and those found culpable punished judicially.

Except the ruling is challenged or it goes on appeal, if not, it is our fervent prayers that His Lordship, the President of the Court of Appeal, should constitute another Tribunal panelists made up of persons of proven integrity to handle the remaining cases. While discharging their constitutional duties, their security must be ensured at all times until they are done with their assignment.

And where such threats continued, Your Lordship should arrange for immediate relocate of the Tribunal to Abuja. We also demand for fair- fearing for all the parties as well as fair determination of the matters so pending, and an end to judicial gangsterism seemingly employed by some litigants and their lawyers. It is commendable to hear that three appeals pending before the Court of Appeal, Enugu Division arose from the February 6, 2010 gubernatorial poll in Anambra State. We encourage parties to always exploit this option rather than resorting to militancy, ethno-religious zealotry and jungle-justice.