HURIWA condemns verdict of Enugu governorship election petition tribunal, says it condones forgery  

 

HURIWA claimed that the ruling not only condones potential acts of alleged certificate forgery, but also sends a troubling message that political aspirants can manipulate their qualifications with impunity.

The recent decision of the Governorship Election Petition Tribunal in Enugu State has been roundly condemned by the Human Rights Writers Association of Nigeria (HURIWA), saying the ruling has shocked the entire country.

The civil rights organisation also expressed its indignation at the tribunal’s decision, which it claimed defied logic and raised significant concerns about the legitimacy of Nigeria’s electoral system.

The group strongly denounced the tribunal’s judgement, calling it a blatant miscarriage of justice that contradicts the values of fairness and openness in elections, in a statement issued on Saturday and signed by the National Coordinator of HURIWA, Emmanuel Onwubiko.

The group claimed that the ruling not only condones potential acts of alleged certificate forgery, but also sends a troubling message that political aspirants can manipulate their qualifications with impunity, while emphasising that the tribunal purposefully avoided addressing that aspect of the petition, instead using flowery language to deodorise the panel’s decision to unleash injustice.

“The three-man tribunal, in a unanimous judgment delivered by its Chairman, Justice Kudirat Akano, dismissed the petitions of the Labour Party and its candidate, Chijioke Edeoga, on the basis that the National Youth Service Corps (NYSC) certificate is not a qualification to contest a governorship election. This reasoning demonstrates a troubling lack of understanding of the law and its application.

“One of the most troubling aspects of the ruling is the acknowledgement by the tribunal that Governor Mbah may or may not have presented a likely forged NYSC certificate because the tribunal left the question in an unmitigated logical ambiguity when, in fact, it was expected to definitively make a pronouncement on the validity or invalidity of that allegation of certificate forgery, which, in any event, the Governor has another subsisting matter in another court of coordinate jurisdiction for interpretation. The tribunal, which opted to deal with that matter, would have applied the law but rather applied sophistry and ended up not resolving that critical question.

“Astonishingly, the tribunal conceded that the certificate was presented but argued that because Mbah did not ‘intend’ to use it to aid his qualification, he cannot be disqualified. This dubious reasoning essentially tolerates potential forgery and undermines the very essence of electoral transparency and honesty,” HURIWA said.

HURIWA claimed that this capitulation sets a dangerous precedent, weakening the basis of democracy and accountability, and that the repercussions of this miscarriage of justice reach far beyond Enugu State.

According to the rights group, the tribunal’s contention undermines the credibility of Nigeria’s electoral process and harms Nigerians’ trust in their government institutions.

“However, the larger implication of this ruling cannot be ignored. It effectively invalidates the practice of presenting a degree certificate presupposing possession of an NYSC Certificate or NYSC discharge. If someone presents a certificate that is later deemed forged by the issuing authority, it raises fundamental questions about the tribunal’s negligence in addressing this issue.

“Why did the tribunal not thoroughly investigate the authenticity of the certificate since it was submitted, especially if it claims that NYSC certification is not a requirement? If it truly holds no importance, why did the candidate submit it in the first place? These are glaring inconsistencies that the tribunal failed to address, leaving room for scepticism and doubt about the impartiality of the judgment,” the group argued.

While fully endorsing the decision of the Labour Party to appeal the case immediately in light of the scandalous ruling, HURIWA called on the appellate courts to correct this grave injustice and uphold the principles of fairness, transparency, and integrity in Nigeria’s elections, with the belief that the citizens of Enugu State and Nigeria as a whole deserve nothing less than a fair, just, and credible electoral process that reflects the true will of the people.

“Furthermore, the decision of the tribunal has ominous implications for the National Youth Service Corps (NYSC) itself. If this judgment is upheld by the Appeal Court or Supreme Court, it effectively undermines the significance of the NYSC certificate, suggesting that anyone can simply present any certificate without consequences since, in the first place, it bears no qualifying relevance as interpreted or argued by this panel of judges in the Enugu gubernatorial election petition tribunal. It puts into question the very relevance of the NYSC institution in Nigeria,” the group said.

HURIWA demanded immediate reforms in Nigeria’s electoral and judicial processes, arguing that accountability and the rule of law must take precedence over political expediency, and that the tribunal’s decision should serve as a rallying cry for a better, fairer, and more just Nigeria.

While emphasising its everlasting commitment to the cause of justice and human rights in Nigeria, HURIWA pledged to continue advocating for a fair and transparent electoral process in which people’s rights are honoured and democratic values are observed.