Adeyemi Adefulu MFR , Senior Partner in the law firm of Odujinrin and Adefulu has described the Judgment nullifying Kenya’s Presidential election as earth shaking and far reaching not only for Africa but for global democracy.
Commending the Supreme Court of Kenya for its courage, Adefulu noted that it is only a detribalized, incorruptible, fearless and apolitical judge that can deliver such judgment
KENYA LEADS THE WAY
The Kenyan judgment nullifying the Presidential election is earth shaking and very far reaching not only for Africa but for global democracy.
It is clear that this development cannot happen unless the judge is-
1. De-tribalised- where the dictate of tribe is the principal thing this judgment is not possible. Kenyan politics has always been very tribal. The fathers of the present combatants Jomo Kenyatta and Oginga Odinga leading the Kikuyus and the Luos have been in the contention for power forever. I always say that Obama, a Luo, could not have won the Kenyan presidency which no one from his tribe ever won. It will, indeed, be interesting to see the tribal makeup of the judges and the way they voted. May be the Kenyan judiciary outgrew the tribal hold.
Where a judge has been compromised or is expecting a Ghana-must-go bag, this type of judgment is not possible. The incumbent government is well able to deliver more bags than the opposition if that was the call.
This is a judgment against an incumbent government and a party which has been in government since independence in the 60s. A timorous judge cannot give this type of judgment. Indeed, only a lion hearted judge will dare to do so. Timorous judges are afraid of their shadows,real or imagined possibilities, security of tenure etc. This type of judgment can only be the handy work of a fearless judge who does not care whose ox is gored. It says in effect “let the heavens fall but let justice be done”.
4. A Political judge
Some judges are very political. They never took off their old political garbs.Yes, judges are human. A judge can be liberal or conservative on social or constitutional issues. But this case will appear to have rested on constitutionality and the spirit and letters of the constitution and extant laws. It will appear to be a cold application of the laws.
Can This Be Delivered In Nigeria?
It is very doubtful. All the above elements- tribe, courage,corruption, interest, integrity, incumbency, objectivity have failed our judges whenever it mattered most. It was the boldness of Attahiru Jega of INEC that installed Buhari. If he had been left to the courts he would still have been tending his cattle in Daura. Our courts see no evil and hear no evil. Many a time their judgment is fiction writing. They saw and heard nothing of all that happened in many parts of Nigeria. This is why our courts have failed in growing the Constitution many a time with bold, imaginative and creative judgments. Our judiciary has pandered to the executive arm for too long and lost its voice. The recent exposures of corruption in the judiciary only unveiled a secret which was well known that justice in Nigeria was for the higher bidder. If the Nigerian judiciary were to redeem it’s image, it must start anew. For now it does not have the confidence of the people of this country.
The Kenyan judgment is not just a lesson for Africa, it is a lesson for the world. Not even in America where George Bush Jr got away with stolen Presidency while Al Gore rhe real winner was ledt in the cold and Trump was manipulated into office by Russians against the letter and spirit of American laws, in a daylight robbery, has the judiciary acquitted itself or been as bold on electoral issues.
It is only a fearless and an incorruptible judiciary that can guarantee the freedom of the people to choose and a check on the tyranny of the executive and enhance the freedom of the people.It is only when the judiciary is free that the people will be free. Justice Maraga, the Chief Justice of Kenya by this earth shaking decision has shown the way of true freedom and true democracy. Let justice be done irrespective of whose ox is gored!
This is real uhuru! Viva Kenya!
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