IT is generally acknowledged in Nigeria and indeed everywhere that the law court is the last hope of the common man. After a serious analysis of who this common man is, one comes to the conclusion that he is the highly and lowly placed in the society who comes to the temple of justice to seek redress.

It does not necessarily mean that the common is he who is so poor he cannot afford to pay legal fees. If my understanding is apt, then Senator Andy Uba who represents Anambra South Senatoria District in the Senate is a common man that is seeking justice from those who do not like his face, those who may perhaps have sought unmerited favours from him when he served  as President  Obasanjo’s Senior Special Assistant on Domestic Affairs for eight years or those who may have used their privileged position to do him in for whatever reason.

The petition of Senator Andy Uba to the Chairman, National Judicial Council complaining of bias against him by Helen M. Ogunwamja ICA led panel of justices that heard appeal No. CA/E/EDT/52/2011 between All Progressive grand Alliance & anor v. Andy Emmanuel Uba & ors which was published in two pages in THISDAY newspaper edition of Friday makes very interesting reading. It reveals a lot about some arms of our judiciary and why some Nigerians hold the view that instead of being the last hope of the common man, it is rather the dashed hope of the common man.

In a unanimous judgement  delivered on 26th October, 2011 by Hon Justice Onajide Kuejibola, Chairman, Hon. Justice Udu Eze and Hon. Justice Mukhtar, members of the National Assembly Election Petition Tribunal holding in Awka, Dr. Andy Uba’s declaration as the winner of the election held in Anambra South Senatorial District on Aprl 9 2011 was affirmed. The Tribunal ruled that the petitioner, Hon. Chuma Nzeribe. on the preponderance of evidence adduced had failed woefully to prove his petition based on allegations of irregularities and manipulation of the election result.

The candidate of All Peoples Grand Alliance (APGA), Hon. Chuma Nzeribe, in execising his rights appealed against the ruling of the Tribunal to the Court of Appeal , the highest court in the land for National Assembly elections. It will be easily assumed that this superior will give due consideration to issues brought before it and dispense even handed justice accordingly.

In his appeal, Hon. Nzeribe prayed the Hon. Justices of the Court of Appeal to, among others determine that the election irregularities that occurred in Akpo ward, Isuofia ward, Igboukwu ward 1, Uga 2, Umuchu 1 and 2, Achina 2, Amesi and Ezinifite 2 in Aguata L.G.A, Umuomaku in Orumba South L.G.A, Ogbolo ward, Amamu II and Ihite ward in Ihiala L.G.A which led to the cancellation of results in those areas substantially affected the outcome of the election.

Hon. Nzeribe is therefore asking the Court of Appeal to approve or confirm the purported cancellation of the election results in these 14 wards and hold thereby that it affected substantially the election in the entire constituency. This writer is not a mathematician but is not so naïve not to realise that alleged irregularities in 14 wards cannot substantially affect the result of a senatorial election with a total number of 118 wards . These 14 wards constitute only about 12 percent of the entire senatorial district.

This prayer is akin to that of the woman in the bible story who requested King Solomon to divide the disputed baby into two and share it between both claimants. In other words, let the child die, as against the real owner of the child who opted for the child to live.

Assuming there were indeed irregularities in the 14 wards complained about, the highest expectation of fairness and equity would be to cancel the elections in the 14 wards and order a repeat, as was done in some wards in Anambra Central Senatorial District where the two main candidates, Chris Ngige and Dora Akunyili of Action Congree of Nigeria (CAN), and APGA respectively contested in repeat elections.

Curiously, the Hon. Justices of the Court of Appeal cancelled the entire senatorial election and ordered a repeat. Apart from the fact that the Hon. Justices had assumed a Father Christmas role by freely giving gifts to Hon. Nzeribe (they gave him what he did not ask for), the order for fresh election in the entire senatorial distinct will involve the country in avoidable expenditure of millions of naira. One may ask what offence the electorate in the remaining 110 wards in the senatorial district where the results were not disputed by the complaint committed, that will necessitate their giving up another day to stand in the sun to repeat an exercise they did on April 19, 2011

It is settled that a court of Law has no powers to grant a relief not sought or grant more reliefs than are sought. Hon. Nzeribe has, by the Court of Appeal decision that nullified the entire election in the district got much more than he requested. The relief he sought in his petition does not cover nullification of the election in the entire senatorial distinct. Assuming that the Hon. justices of the Court of Appeal had found that the allegations of falsifications and manipulations of results were made out in the areas complained of, should they have reached a conclusion nullifying the election in the entire 118 wards in the senatorial distinct and ordered a repeat when there is no relief asking for such an order touching upon irregularities in all the wards in the senatorial district.

It is also settled law that he who alleges must prove. Having alleged manipulation and falsification of results, it was expected that the appellant should produce evidence to prove same. In this case there was no serious attach on the polling booth results, neither was any effort made to show how the results were manipulated and /or falsified. The INEC produced the results of the election and there was no second or alternative result that was produced or tendered during the proceedings that differed from the results produced by INEC. Yet, the Hon.  Justices nullified the entire election. I am a layman but I believe that this decision is a travesty of justice.

Dr. Uba further complained that he had applied to the Deputy Chief Registrar of the Court of Appeal, to be availed with the Certified True Copy (CTC) of the judgment. A party to a case is begging to be given the CTC of a judgment, delivered since December 21, 2011, that is more than four weeks after the judgement was delivered. Haba! One believes that there is more to this Uba/Nzeribe case than meets the eye.

It is my considered view that this matter, having been reviewed by the National Judicial Council and a retrial ordered, the Hon. Justices of the Court of Appeal Enugu should give more time and attention to consider all the issues involved. Since the days of Peter Obi and Chris Ngige saga in Anambra State, the Judiciary has been acquitting itself creditably and pronouncing judgments that are seen to be fair and equitable.

The resent decision of the Supreme Court on five State Governors who exceeded their constitutional tenure is a clear case that justice may be delayed, it should not be denied. The people of Nigeria have started reaping the fruits of democracy which include a free and unfetterd judiciary.

Mr. CHIKE OKEKE, a commentator on national issues, wrote from Lagos.