This is because so many would stay atop his or her mountain of corruption to decry the mole-hill of others’ or bring in ethnic, religious and political differences to divert attention or justify one’s fault. Sometimes, like fabled Aare Ona Kakanfo, the generalissimo or war general during the Old Oyo Empire who, when his head was cut off at the war front, simply held the head of the next person with him, then cut it off and tucked it to his trunk and continued fighting until nature took its toll on him. On 20 October 2015, Ekiti State Governor, Mr Ayodele Fayose had during the church service held at the Cathedral Church of Emmanuel, Ado Ekiti to mark the 2015/2016 legal year said that for the battle against corruption to be successful, there is the need for a complete and total over hauling of the nation’s judiciary. Fayose alleged that getting a just judgment from the Nigeria judiciary has become a scarce commodity, “due to the cancer of financial inducement that has eaten deep into the fabric of our judicial system. When there are glaring facts on the table of anti-corruption agencies, they will pretend not to see or look the other way especially if the culprit is a member of their political party or under the directive of power that be. That is why some judges are timid in giving judgments against the ruling party of the day’’. Lest we forget, just on 14 April this year, the Supreme Court affirmed Fayose as the duly elected governor of Ekiti State in the June 21, 2014 election. In a unanimous decision by the seven-man panel led by Justice John Fabiyi, the apex court upheld the earlier decisions of the Court of Appeal and the Ekiti State Governorship Election Tribunal, which had both earlier ruled that the All Progressive Congress’ petition challenging Fayose’s victory lacked merit. Also dismissed was the claim that Fayose was not qualified to stand election because he was impeached in October 2006 by the Ekiti State House of Assembly for official misconduct, adding that the illegal Ekiti Acting Chief Judge, who presided over the impeachment panel, had been dismissed. The apex court also affirmed the Court of Appeal’s dismissal of the appellant’s argument that Fayose was not qualified to contest the election because he filled his INEC application form with a forged HND Certificate from the Polytechnic, Ibadan. A new dimension in the art of delaying criminal cases was witnessed in Ekiti State prior to the swearing in of Fayose, who was facing a 27-count charge of conversion of about N400 million public funds to private use during his first term as governor between 2003 and 2006. The Economic and Financial Crimes Commission (EFCC) had also told the court that Fayose lied in his asset declaration form when he claimed that he had only two buildings in Iyaganku area of Ibadan, Oyo State. Prior to Fayose’s swearing-in, a group, E-11 and others challenged his eligibility to contest the election. But, in a determined bid to stop the case from being heard, some group of thugs reportedly loyal to Fayose’s party, the Peoples Democratic Party (PDP) invaded the court on September 22 and 25 in 2014 and assaulted judges, lawyers, court officials, and journalists, Judges’ suits and court records were also torn into shreds, while the invaders also smashed windows and furniture of the courts. Perhaps, Fayose got erroneous impression that judges are timid and weak from the resolve of the Ekiti State’s Chief Judge to display professionalism by agreeing to administer the oath of office on him, and the subsequently judgements given in his favour despite his alleged complicity in the invasion of the court and assault on judges. The Ondo State governor and Chairman of the Peoples Democratic Party (PDP) Governors Forum, Dr Olusegun Mimiko, on 26 October 2015 also condemned the Judiciary and described the tribunal judgement, which nullified the election of Governor Nyesom Wike of Rivers State as an embarrassment and a call for concern. This is the same Mimiko, who became governor through the effort of the Judiciary. On August 25, 2008 the Ondo State Elections Petitions Tribunal nullified the election of Governor Olusegun Agagu (now late) and declared Olusegun Mimiko, then candidate of the Labour Party in the 14 April, 2007 election, winner. The five-man tribunal led by Garba Nabaruma, in its one hour, 15 minutes judgement, also ordered that Mimiko should be sworn in immediately as the governor of the state because he won the valid votes in 12 out of the 18 local governments in the state. On 23 February 2009, a panel of five justices led by the then President of the Court of Appeal, Justice Umaru Abdullahi at the Benin Court of Appeal confirmed Mimiko as governor of Ondo State. Even the Supreme Court in 2013 recalled some justices from their vacation to sit in the panel that subsequently confirmed him (Mimiko) as governor for his second term in office. ”Et tu, Brute?”; no, et tu Mimiko? (Even you, Mimiko?) Crying blue murder following the verdict of the Supreme Court on the jurisdiction of the Rivers State Election Petitions Tribunal, governor of Rivers State Nyesom Wike said the apex court decision was part of the gang-up against him. Of course, it was barely 36 hours after the tribunal annulled Wike’s election and ordered a re-run within 90 days that the apex court unleashed the ‘’last straw’’ on Wike’s back. Although, it’s rather inhuman to pile pain on somebody and at the same time insist he should not cry, but if at all the judiciary must gang-up against anybody in Rivers, it can’t be Wike but the immediate past governor, Rotimi Amaechi who held the same institution that made him a governor hostage for over eight months. The judiciary would rather be sympathetic to Wike because he opened the courtrooms that were locked up by Amaechi for close to a year; but the law he knows as a lawyer as well as his wife on the Bench, is always blind and its application is contrary to common sense. Otherwise, people like Fayose of this world won’t have respite in the courts too. Perhaps, all Wike needs to do is to re-direct his energy and re-examine his facts and the laws he placed before the courts to reap the rich values of the judiciary. After all, the Supreme Court verdict as well as Tribunal decision is not a death penalty for Wike to continue to demand for the sky to come down on the judiciary. Former governor of Anambra State, Dr. Chris Ngige, was the first governor to be removed through the judicial process in the Fourth Republic. After his removal in March 2006 by the appeal court, other governors similarly ousted include Senator Liyel Imoke (Cross River); Ibrahim Idris (Kogi); Sir Celestine Omehia (Rivers); Mr. Andy Uba (Anambra); Murtala Nyako (Adamawa); Mr. Segun Oni (Ekiti); Prof. Oserheimen Osunbor (Edo). However, Imoke, Nyako and Idris returned to office after winning the rerun elections in their states, as ordered by the appeal court. Omehia was removed by the Supreme Court and replaced with Mr. Chibuike Amaechi, whom the apex court said was wrongly substituted as the PDP’s governorship candidate. The Judiciary Staff Union of Nigeria (JUSUN) on 5 January 2014 declared strike to get the executive to comply with the Federal High Court judgment on the financial autonomy for the judiciary as clearly provided under Section I62 of the 1999 Constitution (as amended). The trial court declared that “the failure, neglect and refusal to pay the funds/amount standing to the credit of the states’ judiciary in the federation/ consolidated revenue funds directly to the heads of courts in the various states’ judiciary was a constitutional breach, which had to be stopped.” He therefore ordered that the funds in the revenue account of the federation, due to the judiciary, should be paid to the heads of court as envisaged by the provision of Section 81 (3) of the 1999 Constitution. Most regrettably, the strike went on as long as 18 months, with some states calling it off when their government started the purported process of implementing the judgment. Despite the call for strike by JUSUN in all the states of the federation, the strike has not brought the needed succor to the anticipated fiscal autonomy being canvassed for the judiciary in those states. He that is without sin, let him cast the first stone. Ahuraka is the Media Aide to the CJN]]>