THE defection of Tambuwal from the Peoples Democratic Party, PDP, to the All Progressives Party, APC, did not come as a surprise to close watchers of the political affairs of this country.

The ‘Judas Iscariot’ in him has been manifesting for a very long time. The shameful part is the decision of our judiciary to go to sleep when the situation calls for their decisive intervention. They have allowed this shameful aspect of our politics to rear its ugly head unfettered. It is indeed a shame that our judiciary, through passiveness and apathy, allowed the nation’s politics to be thrown into avoidable confusion.

The history of carpet crossing in this country has been very well recycled over the years. In the Western House of Assembly election of September 1951, a group of NCNC members crossed over to the Action Group. Since then, every political dispensation in this country has witnessed the movements of politicians from one side of the divide to the other, without logic or shame, except for their own personal aggrandizement.

What we have witnessed this past year is close to madness. As I write, the Tambuwal affair has opened up another floodgate.

To put the issue of carpet crossing to rest, the framers of the 1999 Constitution included it in sections 68(1)(g) thus: “being a person whose election to the House was sponsored by a political party, he becomes a member of another political party before the expiration of the period for which that house was elected; Provided that his membership of the later political party is not as a result of a division in the political party of which he was previously a member or of a merger of two or more political parties or factions by one of which he was previously sponsored”. The same views are expressed in section 109(1)(g) as it concerns the state houses of assembly.

Ademola Adewale in his online piece, ‘The History & Law Of Political Carpet Crossing In Nigeria’ of Saturday November 21, 2009, summarizes it thus: “Cross carpeting by any member of the legislature at both federal and state levels i.e. Senate, House of representatives and state houses of assembly automatically makes the seat of such a member vacant, except where such persons come within the exceptions provided in sections 68(1)(g) and 109(1)(g) of the constitution”.

What we are witnessing now is, people taking advantage of the exceptions provided by the Constitution. They will first arrange to create confusion within their political party, making it seem as if the party is divided and using that as a reason to carpet cross.

Many cases have been filed in court, claims and counter-claims from both parties are yet to see the light of day. Our judicial processes in this country are too slow. We have two brothers – the Okahs, the same case, one in South Africa and the other one in Nigeria. The South African judicial process did not take more than one year to bring the whole matter to conclusion, including sentencing. Over here in Nigeria, it is over two years now and the case has not gone beyond the preliminary stages. Does this not say something about our judiciary?

The prime function of the judiciary is the interpretation of the laws; to determine the facts of the laws and to apply to particular circumstance. Also, the judiciary, while interpreting the laws, performs the role of law maker. Such provisions arise when there is ambiguity in the existing laws or sometimes, two or more laws of a particular government appear to be in conflict under a given circumstance. Under such circumstances the judicial view is held as the law.

In the judicial parlance, the term “Jus dicere and not Jus dare” means to declare the law and not to make the law”. How long will it take for our judiciary to give an interpretation to a matter of such huge political significance as the carpet crossing of politicians? When there is confusion, it is the judicial interpretation that is taken as the law; in the midst of the confusion going on presently in our country, why are our courts or judges dilly-dallying?

Nations survive and become great through the sound institutions and structures. Human beings come and they go away but structures and institutions remain.

It is important that we begin to put sentiments aside and begin to work at putting these structures and institutions in place. The Chief Justice of Nigeria, in collaboration with the Nigerian Bar Association, NBA, the Bench and with Federal and state Attorney Generals and indeed all that matter in the profession of law in this country, should convene a special session to give exact interpretation of such an ambiguous law as the carpet crossing section of the Constitution and put this embarrassment to rest.

The judiciary consists of people who have given themselves the appellation of ‘learned men’; if the learned men cannot put the house in order, what do you expect from ordinary folks like us?

The Tambuwal, Edo State House of Assembly imbroglio and other kinds of carpet crossing controversies would have been laid to rest by now but for our sleeping judiciary, they should wake up.

Mr. Sunny Ikhioya, a commentator on national issues, wrote from Lagos.