Different Faces of Impunity – Abia and Lagos -By Simbo Olorunfemi

There is little difference between what played out on the streets of Lagos last week and what is going on in Abia State presently. Simply put: they are two different faces of impunity.

There is no excuse for a group of people taking the law into their hands, in the name of avenging the death of a hawker they assumed was caused by one of the Lagos State Mass-Transit buses, even though reports have it that it was under different circumstances.

It is not only unacceptable and criminal to wantonly destroy public property in whatever guise. Some misguided soldiers did this and got away with it. No wonder hooligans took a cue from the happening and unleashed damage that will have to be fixed at enormous cost to Lagosians.

In Abia, what is at play is akin to seeking to abort a pregnancy after the child has been born. Stripped of desperate technicalities and legal mumbo-jumbo masquerading as law and/or convention, what is at play there is barefaced rascality in the face of the law.

A case filed as far back as 2014 by a contestant of the Abia PDP gubernatorial election primaries, Uche Ogah, against the incumbent governor, Okezie Ikpeazu – who had earlier won the said primaries, challenging his eligibility, was resolved in favour of the plaintiff. This was with unambiguous orders directing the incumbent to vacate office immediately, while the plaintiff is to be issued a certificate of return immediately – under the assumption that he was the recognised candidate of the party under law, which INEC dutifully complied with.

Relying on legal provisions that pertain to electoral matters, which are not applicable here, the incumbent takes the law into his own hands, refusing to vacate office, citing a notice of appeal and motion for stay of execution yet to be heard. He then proceeded to a court of coordinate jurisdiction (Abia High Court) to arrest a judgement already delivered by the Federal High court.

In electing to not obey a clear court order and engaging in what is called ‘forum-shopping’, the man in office (illegally so, as has been argued) is acting with impunity, albeit under the canopy of a convenient interpretation of the law that suits him. Again, this is unacceptable and sends a wrong signal.

This is purely a pre-election matter that the provisions of Section 143 of the Electoral Act and others being bandied around should not apply to. If a man is deemed not qualified to hold an office, how can it be argued that by the strength of a notice and motion that have not been argued or heard, he should continue to stay in that office.

I have submitted elsewhere that the name of the man in office is not etched on the governor’s seat, and to insist that he must continue in office while appeal is being heard on his case does not make any sense. Some say what if he wins on appeal? I say what if he loses?

What is the essence of arguing for a motion for stay of execution, if as some have argued, that a mere filing of it should automatically restrain a labourer from enjoying the fruits of his labour from the court? Is there a guarantee that the motion will be granted by the court?

I hope the Court of Appeal dismisses that motion for a stay of execution tomorrow on the ground that he cannot approach another court when he is in clear breach of a subsisting court order.

We hear the judicial officers who ought to swear in the governor are nowhere to be found. We hear the State government has conveniently declared Friday and Monday public holidays, under the pretence of mourning Ojo Maduekwe, but more in a bid to prevent the swearing-in of Ogah and buy time for the man in office.

We cannot continue to encourage acts of impunity in low and high offices, on the streets of Lagos and wherever in Umuahia and assume we are making progress as a nation. It is not the way nations are built.

Simbo Olorunfemi works for Hoofbeatdotcom, a Nigerian Communications Consultancy. Follow on Twitter: @simboolorunfemi