By Ebuka Onyekwelu, Ph.D
I read through the detailed judgment delivered by the Hon. Justice Nwabueze Agbata of the Nnewi Judicial Division on Tuesday on questions surrounding the rotation arrangement in Nnewi and the correctness or otherwise of Hon. Echezona Anazodo, the Executive Chairman of Nnewi North Local Government, to be granted the ticket of the All Progressives Grand Alliance (APGA) in the upcoming Anambra State Local Government Elections. First of all, the ticket has already been granted to Hon. Echezona Anazodo, as APGA deemed fit, following the primary election process for that purpose. Furthermore, the plaintiffs sought the intervention of the court to stop Mr. Anazodo’s legitimate aspiration to contest the Nnewi North Chairmanship office on account of an agreement that is neither enforceable nor competent in the face of the law.
The learned Judge, looking at the complaint and the response of the defendant, held that “Having therefore considered the prayers of the plaintiffs…it seems to me a simple and straightforward case of whether or not (Hon. Echezona Anazodo) is entitled to participate in the impending election into the chairmanship office of Nnewi North Local Government. I make bold, right away, to answer that question in the affirmative,” Justice Agbata ruled. The fact, indeed, is that the case instituted at Nnewi High Court against Hon. Echezona Anazodo was not only unnecessary but invalid. It was a waste of the court’s time and a waste of everybody’s time, and this is why.
No agreement, or law, under any guise that pretends to be above the Constitution of Nigeria or runs contrary to the provisions of the Constitution can stand any test in any Nigerian court. Hon. Echezona’s right to contest the said Local Government Election as an adult and qualified Nigerian, who has been deemed qualified to contest in the election by his party APGA, has already been guaranteed by the constitution. No agreement or any amount of unfounded sentiments can change the position of the constitution on Mr. Echezona’s right except Mr. Echezona himself out of choice. Any attempt to force Hon. Echezona Anazodo out of the contest is illegal, and that is why the Judge clearly noted that “This is exactly what the law forbids.” Justice cannot be served through injustice. One cannot ask for another’s right to be denied while he retains his. This is why it is unfortunate that such a case was instituted at all.
But, even more worrisome is that some people gathered and actually expected the court to award them victory on unfounded grounds. It is surprising. Not every case instituted is relevant in strengthening our democracy, and this is one such case. First of all, the case was built on emotions and on the argument of a rotation that is unknown to the constitution of the Federal Republic of Nigeria and, to that extent, inconsistent with the rights of the defendant as an adult citizen of Nigeria, with the right to vote and be voted for. That anyone can be approaching the court in Nnewi to decide on these is beyond shocking. Yet, this might offer an opportunity for people to learn. The court is not a place where emotions are rewarded. It is not a place that complies with local political machinations, baseless assumptions, and needless grandstanding. Judgment is not given based on who is shouting the loudest. The court responds to law, logic, and reason. This particular case is completely ridiculous and inadvertently exposes a deep concern: people tend to belittle the Constitution and its provisions on the one hand, yet still approach the court for ‘justice’ based on the same Constitution they denigrate. Are the plaintiffs in this case interested in justice or in confirmation of their bias by the court?
This is exactly the intersection where the position of the court aligns with the value reformation campaign of the Governor of Anambra State, Professor Charles Chukwuma Soludo. For the emergence of a new Anambra State, there must be what the Governor called “the new onye Anambra” who thinks about his community and the public good first. It is a new onye Anambra who will be more interested in justice from the perspective of the law and not from his own narrow personal bias. Anambra is our collective heritage, and we are entitled to accompanying rights and privileges as contained in the constitution. Hon. Echezona Anazodo will complete the next two years as the Executive Chairman of Nnewi North Local Government, and thereafter, the same rights and privileges will be accorded to another from Nnewichi. Nothing has been lost, and no harm has been done to Nnewichi.
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