By Festus Adedayo
There is no way a man would judge his own case and lose. That is the logical basis for the legal maxim nemo judex in causa sua. It is the reason an umpire’s company is always of interest to contestants.
It has been repeatedly said that unless Nigerians break the unholy alliance between the tripodal axis of evil of political office holders, the electoral umpire, and the judiciary, they will continue to have dross for democracy. At every election cycle, that alliance is similar to the Yoruba egbìnrìn òtè, an endless alliance of conspirators, where massive graft is the lingua franca
Recently, Edo State was alleged to have witnessed that brazen dalliance between INEC and politicians in high places. So when, after that election, the National Chairman of the ruling All Progressives Congress, (APC) Abdullahi Umar Ganduje, boastfully claimed that his party would deploy same template used in Edo governorship election to win the November 16 election in Ondo State, those who know raised eyebrows. You will recall earlier cries to INEC to replace its Resident Electoral Commissioner, (REC) Anugbum Onuoha, which fell on deaf ears. The argument was, being a cousin to Nyesom Wike, Minister of the Federal Capital Territory (FCT), who openly advertised his disdain for the outgoing governor of Edo State and his recent promise to “put fire” in states that were against him, Onuoha would carry Wike’s urine can in the election.
Several very illogical arguments were made in the aid of retention of Onuoha for the election. One of such was that being human and with links all over the place, if that argument was extrapolated to virtually all citizens, it would be difficult for it to operate anywhere. The argument becomes very lame when it is realized that in all human dispensation of equity and fairness, it is a requirement that every umpire must not be untainted by linkage or alliance to any party. It is why judges must recuse themselves from any matter that bears any overt or covert link to them. The eventual damage done to the credibility of the Edo election is today linked to Onuoha being overwhelmed while carrying the Wike urine can, thus letting down INEC guards, leading to a shameless rigging
An Onuoha-kind egbìnrìn òtè is spreading like a pestilence in Ondo State. In a confetti of allegations last week, Ondo State Resident REC, Mrs Oluwatoyin Babalola, was alleged to be an indigene of the state. A youth group, the Ondo State Youth Vanguard, opened the trough of the allegations. According to it, Babalola had been living in the state capital, specifically at No. 3, Majekodunmi Street, Ijoka, Akure, with her parents for more than 10 years prior to her appointment as REC. Said the group: “The facts above, which are in the public domain, are an attestation to the fact that Mrs Oluwatoyin Babalola will not, and can never, be fair, unbiased and an uncompromised umpire in the forthcoming Ondo State governorship election as the REC.” Rather than explain her indigeneity, Babalola, in an interview, denied alliance with any political party or individual.
This allegation was, however, given fillip when, last week, the Oyo State governor, Seyi Makinde, amplified it. At the launch of the Peoples Democratic Party (PDP) campaign, the governor asked that Babalola be immediately redeployed to pave the way for neutrality of INEC. He said, “We will protest until she is removed. Ondo REC must be redeployed. She was born here. Her parents live here. She can never be fair in this election. We don’t want her in Ondo State. Babalola must leave. What they did in Edo will not succeed in Ondo. We will protest until she is removed. Bring another REC that will be fair; that will allow a level playing field. We, as PDP, aren’t afraid of any contest. Remove her, or else we will continue to protest.”
INEC denied this. “For the avoidance of doubt, Mrs Babalola is not from Ondo State, in line with the Commission’s policy not to deploy a REC to his or her state of origin,” it said. None of those who defended Babalola’s retention has however been able to speak to the allegation that, although she is originally from Ekiti, she was born in and attended schools in Ondo State where her parents live up till now.
The neutrality of a REC is essential in the conduct of a free and fair election in Nigeria. If the above allegations are upheld, there is no way Babalola’s neutrality can be guaranteed. A major scenario that readily comes to mind is that of ace journalist, Dele Momodu. Originally from Edo State, Momodu, in his own words, “was born in Ile-Ife in 1960 and practically grew up a stone throw from this ancient palace of Oduduwa.” Appreciating God and life that he lived in Ile-Ife, he continued, “… It is a long story, well scripted by God almighty. No one else could have written it any better…” Momodu never really lived in his native Edo State. Now, imagine asking a Dele Momodu to conduct Osun State’s governorship election?
Babalola should be asked to pointedly speak to the allegations. If confirmed, it makes her a stakeholder in Ondo State by reason of affinity with and domicile in the state for such a long period. Though we know that purchase of electoral umpires by politicians is more a matter of cash, affinity and domicile with stakeholders also breed preference and thus fraud. She can then not reasonably be a neutral umpire in the election.
INEC’s already messed up image can only be timidly salvaged from total ruins if Babalola is divorced from the Ondo November election.