By Dr. Ugoji Egbujo

Ikpeazu, the Ambode of Abia. Sprang from nowhere, chosen by the gods. The deity that decreed him can no longer summon the winds. So he has been left like a tailless cow to suffer the menace of flies. It must be harrowing. These implacable flies dancing harmlessly like butterflies but stinging like charmed bees. Uche Ogah, the quiet and unassuming dove. Now reeling out dance steps dictated by a practiced but invisible drummer. The mastery of the ability to stampede federal bureaucracy. Frightened Ikpeazu has learnt to fly frantically, without perching. Abia, a hive of determination and industry, forced into a week long sleep .

Ikpeazu and Ogah

A cynical conversion of 2 workdays to public holidays to catch breath. And since he could no longer underestimate the one with a newly minted certificate of return, he had to park the bus too. Poor village women, hired as human shield, to deter the police from storming the government house. When push comes to shove, ethics and morality become superfluities. Ikpeazu’s godfather had bequeathed to him streets littered with potholes and filth.

The poor governor has struggled to placate an inconsolable people while navigating the crankiness of a deity that is fast becoming an antiquity. The supreme court had rescued him from a relentless Alex Otti. Many had expected a cancellation of that tightly contested election riddled with irregularities. That respite is history now. The febrile state is on the verge of convulsions.

Ogah had a triumphant entry into Owerri. He has learnt crowd hiring too. He was headed for his swearing-in. But that trip that started with pomp and defiance ended wimpishly and without ceremony. The chief judge of the state has claimed she was never in hiding. Poor woman. It would have been easy to disobey that meddlesome Ngwa high court. Everyone knows the color of a black market injunction. But if the police cannot remove a sacked governor from government house they cannot guarantee the security of that judge.

The requirement of tax clearance certificates should be a mere formality for anyone in the employ of a state government. But that formality is proving an albatross . With gods all things are possible. Including perhaps tax offices opening on a Saturday. The courts it would appear do not defer to expired gods. But if a government official whose tax should be deducted at source manages to conjure a dead certificate, on whom shall the blame be? Very important persons do not fill forms. They don’t read documents. They append signatures. They flaunt sworn affidavits but they don’t take oaths. Ikpeazu perhaps paid taxes but presented dodgy tax clearances.

The INEC official in Abia described the decision of the federal high court as wonderful. Umpires do not clap on the pitch. INEC claims to cherish the values of impartiality, equity and credibility . This official who issued Ogah with a certificate of return should have contained himself. The consequential orders were unambiguous but the response of INEC in light of a notice of appeal should have reflected clear, sober, meticulous deliberation rather than haste. Rather than the initial incoherence. A notice of appeal does amount to a stay of execution. But it is not a NEPA bill. A motion for stay isn’t synonymous with a grant of a stay of execution. But it is a legal move INEC cannot ignore.

And INEC should not subvert it. It is inconceivable that INEC could have disobeyed a direct court order . But INEC is not an automaton. And its reaction should be more nuanced, should be the product of thorough contemplation. INEC broke no law in issuing Ogah a certificate of return but has it furthered the values of transparency and impartiality ? Has its mission of enhancing sustainable democracy in Abia been helped? The certificate of return it issued to Ogah was signed same day the judgment was given. That is suspicious haste. That is indefensible haste.

INEC has one week to issue a certificate of return. An election management body, conversant with court processes, acting efficiently and judiciously, should allow reasonable time within that legal window for a routine legal reaction from an affected party. INEC’s role is to further justice, and peace. A governorship election is not a tussle over a ‘tokunbo’ car. A fountain of morality like INEC must understand the implications of its actions. And it must communicate its positions with clarity knowing that it is setting precedents.The public expects from it unflinching principled consistency. It is hoped that we can handle a situation where a federal high court judge can pronounce a sitting president unqualified to contest in the morning, and he is chased out of Aso rock that afternoon, because the INEC issued a certificate of return in the court room.

The rule of law doesn’t guarantee the infallibility of judges. It insists they must be obeyed. But the justice it promotes entails the existence of an appellate process. The appellate process would be futile if opportunities do not exist for the maintenance of status quo ante. It is true such a stay is only mandatory if harm will be suffered before a review takes place. While Ikpeazu may suffer no harm, no one conversant with the nature of politics in Nigeria would want governors changed three times in three months.

Abia will suffer harm. Social tension and prospect of chaos are cogent and sufficient reasons to have necessitated a hesitation by INEC to allow Ikpeazu obtain a stay from the trial Judge. Aba is not Paris. This position will be legitimate even if the trial judge refuses to grant a stay in the extant case. There exist very sound reasons why a stay should be granted. Ogah will suffer no harm if a stay is granted. The finality and authority of a supreme court decision will help public confidence, acceptance and peace.

Democracy, rule of law, justice and peace are inter related values. They are mutually enhancing. Their ultimate goal is the improvement of the quality of life of the ordinary people in the society. The legal services department of INEC exists to enhance equity and fairness in electoral contests. It is not a party to the adversarial engagements between parties and their candidates. INEC was not created to play hide and seek. It is the duty of INEC to guide parties properly and clear misconceptions. INEC should never find itself trying to outwit parties. The peace of the nation rests on the credibility of INEC.