THE SUPREME COURT VERSUS THE PEOPLE OF CROSS RIVER STATE

The recent decision of the Supreme Court concerning the tenure of five state governors has provoked mixed reactions from Nigerians. Most of the reactions however have been based on parochial partisan interests rather than objective national interests. For the political class in almost all of these states, the deeper significance of the decision is completely lost on them. Political opponents in Sokoto danced in the streets in jubilation. In Adamawa as they danced out their hearts, they chanted ‘changee ya zo.’ In Bayelsa, beers were popped open as guys winked at one another, beaming with gratitude. In Kogi, there was confusion as two people were sworn in at the same time in different venues as acting governors. One group of politicians gyrated to one end of the town, another group sang and stamped their feet in the opposite direction. There were even some political acrobats who mysteriously appeared in both places at the same time.

It was only in Cross River State that there was calm. The air at the venue of the swearing in of the acting governor in Cross River was poignant. Imoke had earlier called for calm. I have never seen people in such somber moods. The occasion became unusually stiff and formal. Even the Acting Governor himself wore a sober and reflective look. The atmosphere in Calabar showed clearly that everybody was holding the reins and waiting for Imoke to return. What was of great concern to Cross Riverians was the interruption of a 15-year blueprint, the architect of which was Liyel Imoke.

The Supreme Court is the highest court of the land. Therefore, it is expected to be not only the final arbiter, but also the bearer of moral authority. Not only this, it is expected to lie at a higher ontological level - enshrouded in integrity and impeccable in its decisions. Furthermore, it is expected to lie beyond the profanity and mendacity of our mundane establishment. In our search for a moral compass, we may run everywhere for succor. We may run from the home to the church or mosque; but one institution that we all tacitly endorse as the final arbiter in all our juridical challenges is the Supreme Court.

When an institution is held in such high esteem, especially within the context of an inept and maladroit state apparatus that makes up Nigeria, it owes itself a duty to be thoroughly bifocal, profound and deep in its delivery of justice. The manner in which the courts handled the case of the 5 governors raises a number of questions. Please do not get me wrong. I am not qualified to stain the halo of these eminent justices; in fact, this is far from my graph. Nevertheless, with their halo still unsullied, did they take into consideration the national urgency involved in the case of the five governors? Where were they when INEC conducted elections in Kogi in December with Idris Wada emerging as governor elect? Where were they when Bayelsa was almost set ablaze, with bombs to garnish the menu? Why did they wait for so long to reach a decision? Apart from the incongruity of this decision when aligned with that of the Peter Obi/Andy Uba case in Anambra state, are we now going to treat gubernatorial tenures as merchandise from which we calculate the balance, add and deduct small change to find out how many weeks or days were left in the pre-rerun tenure?

What did the eminent judge mean when he said “I had earlier found and held that the provisions of Section 180 of the 1999 Constitution do not envisage a re-run election, let alone a re-run election won by the same person who took the earlier oaths of allegiance and of office?”

The problem seems to lie with the kind of constitution that we have. Having delivered this judgment, what is the way forward? Certainly this throws up fundamental questions on the role the judiciary must play in the political process. Will the learned judges withdraw to their hallowed chambers and wait for another such case and give us another repeat performance? Perhaps if the judiciary spearheaded amendments to the constitution and clearer legislation in the National Assembly, they will be seen to be taking sides with the Nigerian people. Right now, the judiciary appears abstract, operating on an amoral surgical table which is incongruent with the reality of the Nigerian people.

In Cross River state there is no serious opposition figure waiting in the wings. The most famous among them flew a kite during the carnival and expected an invitation for a parley in government house. When he was paid no attention he returned quietly to his duty post in the desert. To the people of Cross River State therefore, what is at stake is the interruption of Imoke’s development program and the 4-year Action Plan.
When the people of Cross River State heard the judgment, they felt betrayed and victimized. As far as they were concerned this important decision was insensitive to their development needs. They were not happy that the court was insensitive to the damage that would have been done to the development time table of the governor. The reason Cross River State is developing rapidly today is that unlike other states, she has been working on the same development blueprint for the past 13 years! The same blue print Donald Duke operated is the same one Imoke is running. This is one of the few states where the successor is not chasing the predecessor?

In 1998 Cross River State was virtually unknown. Nigerians only knew Calabar for Afang soup, edikang ikong and beautiful wives. Cross River was one of the most backward states in Nigeria. It was Liyel who decided to mastermind a change in the psyche of the people. He and a few friends met in his house in Lagos and drew a blueprint which they called the new Cross River project.

In that blueprint they decided to invest heavily in their areas of strength - the large fertile land, beautiful vegetation, a rich terrain, a culture of cleanliness, a hospitable and peace loving people, a land of beauty and exotic dancing. Therefore, they decided to develop a world class agriculture and tourism program. According to this blueprint, Donald Duke was to begin the foundational work. During Duke’s tenure the bulldozers were everywhere doing the Calabar roads. Tinapa, the scintillating shopping paradise, was constructed. Also constructed were the Bebi Airstrip and the Obudu ranch resort. To develop the spirit of patriotism, the state launched its flag, colors and anthem. Even Okada riders were made to wear uniforms. It was a revolution that took Cross River to the top; but it was also a painful revolution. The State had seen 8 years of development the hard way. Many civil servants were crying. What was needed in the next 8 years was radical development with a human face. It needed a man full of depth and kindness, a man who will begin to pay debts incurred in the first 8 years, continue with urban development, pay attention to rural development and still attend to social welfare. It needed no other person but Liyel Imoke, the architect of the blueprint himself.
 
Since Imoke came into office, in spite of the fact that Cross River State was delisted from being an oil producing state, in spite of the fact that Imoke is paying old debts and has a very huge wage bill, Cross River State has continued to move forward and Nigerians can attest to that. The state has remained the most peaceful state in the Niger Delta. Foreign investors are beginning to notice the island of stability in the midst of a turbulent Nigerian state. It is for this reason the Friday judgment was considered a setback. People in other states may have chanted ‘Changee’ and danced. In Cross River State the mood remained somber. The judgment was considered a chink in their armor, a wrinkle in their victory, and, a serious interruption on the progress of a people. 

** Solomon Abu, writes from Calabar, Cross River State.