Amaechi’s Supreme Court Victory And Democracy

mandate of Rt. Hon. Chibuike Amaechi, as duly elected candidate of the Rivers State Chapter of the Peoples Democratic Party (PDP) for the April 2007 Governorship elections.

The crux of the litigation stemmed from a protest by the PDP candidate challenging his substitution by the party’s leadership without cogent and verifiable reasons and to which he was neither allowed fair hearing nor confronted with facts for defense. The questions for determination, from a layman’s perspective, thus became whether or not a party leadership had the power to unilaterally deny a duly elected candidate, his constitutional right to be voted for. Secondly, whether such disqualification was in tandem with party laws, and if not, whether his eventual replacement by Sir Celestine Omehia, who did not contest the party primaries, was proper or not.

Important as these questions were, they, inadvertently challenged the constitutional supremacy of political parties which hitherto enjoyed unbridled and far-reaching powers over their own internal affairs. With that understanding, and based on the familiar conclusion that party primaries were indeed internal affairs of  political parties, hence, not justiceable in conventional courts or risk expulsion, not many legal pundits gave Rt. Hon. Amaechi a chance.

It was even more so, when, following the acceptance by the Independent National Electoral Commission (INEC), of Amaechi’s eventual replacement, Sir Celestine Omehia contested and won the elections and was later sworn-in as governor.

But in a landmark judgment, the Supreme Court literarily averred that by the nation’s choice of a multi-party democracy, the political parties themselves ought to represent the foundation for the building of an enduring democratic culture, based on laws, respect for members’ constitutional rights and above all, defense of equity, fairness and honesty. For, if these values were allowed to suffer, political parties would, rather than be the basis for democratic growth, become machines of lawlessness, autocratic rule and imposition of candidates in elections.

It was in avoidance of that looming state of anarchy that the apex court ruled that the most important constitutional basis for selection of candidates for general elections must first and foremost be the party primaries. And if after wards, any substitution was needfull, such must be based on cogent and verifiable reasons. Unfortunately, since by the estimation of the apex court, the PDP’s excuse for substituting Amaechi failed that preliminary test, it ought to be declared ultra vices, null and void.

Today, The Tide recalls with a rare sense of pride and judicial fulfillment, the rare courage demonstrated by the nation’s Supreme Court, in handing down such landmark judgment, and indeed, against a government in power, whose leader, as President and Commander-In-Chief of the Armed Forces of the Federal Republic of Nigeria, Chief Olusegun Obasanjo personally voiced the disqualification of a duly elected party candidate, at a rally in Port Harcourt, with the ‘K-Leg’ theory.

Ordinarily, the Supreme Court could hide behind countless legal loopholes to dismiss the matter in favour of the government and indeed the ruling party, but it must have considered the immense benefits of truly democratic parties as basis for growth of enduring democratic culture, as an imperative for a participatory government grounded in popular will.

By that choice, the Supreme Court did well to restore the fast eroding intra-party democracy and delivered the political party structure from the strangle-hold and dictates of a few self seeking political leaders, against the largest interest of the helpless majority.

Yes, the judgment might have restored Amaechi’s mandate and brought him on the seat of Governor of Rivers State, but what Nigeria annually celebrates is indeed higher than the person and struggle of the serving State Chief Executive. It is indeed a celebration of the victory of truth over falsehood, of light over darkness, of democracy over dictatorship, of the rule of law over constitutional recklessness, of the equity over the culture of impunity and above all else, of the awesome presence of the Hand of God, in the affairs of men.

Surely, wherever these realities are allowed pre-eminence in the affairs of men, speedy growth is equally enhanced, and nation-building made easy. Little wonder, the modest achievements recorded in Rivers State under Governor Amaechi’s watch, after the restoration, indeed attest to these facts which The Tide thinks must be sustained in our political lives, especially by political parties.

As we recall that epochal date exactly five years yesterday, it becomes even more instructive to admonish that political parties be constantly reminded of the essence and immense benefits of intra-party democracy, and also challenge other courts within the judicial realm of an even greater need to draw some inspiration from the kind of lofty redemption, the Supreme Court bequeathed to posterity.

The Tide considers it fit and proper to also congratulate Governor Amaechi, even for the umpteenth time, for his doggedness, resilience, faith in God and the Judiciary, unwavering commitment to and unusual patience in his fight for what he believed in, without which October 25, would have been meaningless.

Essentially, Amaechi had other choices; to obey and endure his party’s order, no matter how unconstitutional he perceived it, and negotiate other juicy appointments or monetary gestures in recompense, or surrender to fear but it was the choice of being steadfast in search of justice that produced the landmark judgment, we today celebrate.

That in truth, is the often over-looked element in the Supreme Court’s historic judgment and the rewards derivable therefrom.