Efio-Ita Nyok|19 August 2015|5:02am
It's stale news to ardent followers of Cross River politics that the trending political event revolves around just two political gladiators, namely, Barr. Joe Agi SAN, a former candidate in the 2014 C' River State PDP Gubernatorial Primaries and Sen. Prof. Ben Ayade, the Executive Governor of Cross River. Both are of the Peoples Democratic Party(PDP).
The former, that is, Agi took his rival Ayade to court to seek answers to the question of whether Ayade was the legitimate gubernatorial candidate for the PDP in C' River seeing that he misrepresented the true status of his age in relevant documents relating to his election and other formal documents. Put differently, Joe Agi SAN, took His Excellency Senator Professor Benedict Ayade, the Executive Governor of Cross River State to court, challenging the latter's culpability in a perceived deliberate misrepresentation of dates of birth as they appear on some official documents, to wit, driver's license, admission forms and gubernatorial nomination forms.
Justice Kufre Atti of an Abuja Federal High Court in a landmark judgement of 31 July 2015 ruled against Agi in favour of Ayade on the basis of his conviction that the question which Agi sought interpretation to in view of subsisting laws was a criminal case which should be determined by the Police and by implication not the court. However, Agi was seeking interpretation, not from the learned Justice's perspective, but from the position of the Constitution of the Federal Republic, Electoral Act and other extant laws. Accordingly, it has been critically observed by a legal luminary that 'In Joe Agi and Ben Ayade's case above, a clear case of perjury has been established by both counsels to Ayade and Agi; accordingly, what the court was to do was simply to apply the law to available evidence. The judge, namely Justice Kufre Atti, erred in law when he introduced police investigation into a matter that is purely civil. This is the ground for appeal by counsel to Joe Agi. In the Joe Agi SAN and Sen. Prof. Benedict Ayade's case, the federal high court had before it the duty of determining whether a candidate is qualified for an election or not from available evidence before it. Agi sought the court to determine the qualifications
of Ayade to contest the Cross River gubernatorial elections based on disparities of his age sworn under oath. It is trite law that only a qualified candidate can contest election'.
Agi, it has been rumored, is intending to appeal the ruling. In fact, the counsel to Agi has began the preparation of necessary documents to initiate an appeal. Ayade in view of this reality seem not to be jubilating. The question becomes: why is Ayade not seen to be jubilant in view of the 31 July ruling in his favour? It has been learnt that Agi's appeal is sending cold shivers in the camp of His Excellency.
For instance, in a recent publication, a public affairs analyst-cum-social commentator on the Ayade Vs Agi suit made the point that: 'I am not speaking on Joe Agi's place, but it is my sincere submission that if Ayade actually won the verdict, knowing who he is, CRS will be too small for his celebration. Apart from the loopholes created by the verdict that led for the appeal, I want to also inform you that I am aware of the frenzy in activities to get SAN Joe Agi and Ayade to the negotiation table by all cost. I am aware of the people that were sent to Abuja while the governor was away in Ireland. If Ayade won the case and he's comfortable that he can win the appeal, then why bother SAN Joe Agi for negotiations? Why is that important? Why do you pay people to write news reviews on CRBC to blackmail people who are seeking redress in court for imposition, injustice, and impunity of the past administration? If you won the verdict, so be it. The governor should move on and stop distracting himself'.
The implication of this is that, the ruling against Agi in favour of Ayade may not be as favourable to Ayade as it appears. That is, there is the fears that in either the appeal or Supreme court, Ayade is more likely to loose to Agi. Accordingly, to avoid the ugly scenario, the governor is understood to be sending emissaries to plead with his rival Agi who is adamant.
I therefore ask: should the case Ayade Vs Agi be prosecuted in court to its logical conclusion or should the duo resolve the case outside the court? That is the million dollars question Cross Riverians should address themselves to?
What is your opinion? Should Agi kill the case or should he continue in procession for an appeal and probably the Supreme court? Should Agi continue what purpose would it serve? Would it served the course of justice in the state especially when we call to mind the highhandedness of the erstwhile governor Liyel Imoke during the December 2014 PDP State Primaries? On the contrary, what positive purpose would it serve if Agi and Ayade come to a round table that will be in favour of Ayade? To whose ultimate interest would a pro-Ayade resolution be -Ayade or Cross River? Among justice, peace, CRS, Ayade or Agi who/which comes first or should be prioritised? These are the set of questions that are begging for answers -answers that will shape the destiny of Cross River.
The very essence of the establishment of any court of competent jurisdiction is to ensure that justice is done. But a legal scholar has opined that justice should not just be done, but should be seen to have been done. For me, beyond the political shenanigan that has enveloped the politics of Nigeria over the years, I would prefer that the court, whether at the apex level or not should realise that justice, being the principal thing, at the very least ought to remain sacrosanct irrespective of who's interest or favour the scale of justice tilts to.