OSUN: THE POWER OF THE PEOPLE IS UNDER ATTACK. By James O. Bamgbose

Ademola Adeleke 

At the mention of democracy, what easily comes to mind is the fact that it is a system that places the power to decide leadership on the people. But the experience of the people of Osun state has been the entire opposite of this enticing feature that endears people to democracy. Politicians who fail to get the mandate of the people seem to have found a way to use the court to impose themselves power.

The most recent instance of such a repressive approach is the Justice T.A. Kume led Election Petition Tribunal decision that waved aside the will of the people for a different choice. In the majority judgment read by Justice Kume, the panel made a sweeping attack on the power of the people to choose their leaders as envisaged by the democracy.

The judgment was a clear indication that the law court is now an abode for politicians rejected at the ballot to sneak into power. Before now, violence and manipulations are the tools for politicians to force their way to power, but judges, who are obviously compromised, are the willing tools for politicians to boycott the people to power.

For anyone who followed the Tribunal proceeding up to the point of judgment, they will hardly be surprised by the verdict reached by Justice Kume and his colleagues. This is because Justice Kume never hides his bias against the respondents to the point that you wonder whether he is an arbiter or the petitioner counsel.

It got worse in his judgment, where he maliciously attacked the 2nd respondent (Governor Ademola Adeleke) by making a veil dismissal of his (Adeleke) as a dancer. "The 2nd Respondent cannot "go lo lo lo" and "Buga won" as the duly elected Governor of Osun State in the election conducted on the 16th day of July 2022. See Kizz Daniel's song," Justice Kume noted in his judgment.

This is not only a new low for a judicial officer but a clear statement of bias. It is evident that this bias weigh heavily on his decision, which by every indication, was perverse. Or, how can one reconcile the conclusion made by Justice Kume in the judgment that the Exhibit submitted by the respondents after the Exhibit BVR "amount to tampering with official documents" without any clear evidence adduced in that regard?

A judge is not a superman, and this is why most times, they rely on the presentation of an expert to have a clear understanding on the matter before them. One would have expected an unbias arbiter to seek the advice of an expert on the BVAS technology so as to make a sound decision that will ensure true justice.

This was not the case in the Osun Tribunal case, as Justice Kume, relied more on his opinion, rather than evidence that is before it to arrive at the judgment. Or, what could have informed the decision to ignore the BVAS machine physical examination ordered by the court, and go for a server report that has been disputed as incomplete by the maker, the Independent National Electoral Commission (INEC).

It is known to the whole world that the BVAS machines were the device used in the polling units and hold more credible data than a server in far away Abuja. What Justice Kume did with the judgment is beyond injustice, but a serious attack on our democracy. With a decision as the one done by Justice Kume, voters will no longer be encouraged to participate in an election because their votes may not actually matter but the whim and caprices of a judge who was not anywhere near the place of the election.

This unfolding reality will be devastating. In other words, politicians will no longer be interested in what the voters think, but be sure to manipulate the judiciary and find their way to power irrespective of what the people decide at the poll. This is a great setback on our democracy and to imagine that the judiciary, which should ensure the sanctity of the ballot, is the same fouling it, is to say the least a demoralising.