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YNaija Editorial: Ayo Fayose, Tope Aluko and a weakened legal system

On the last day of January 2016, the secretary of the Ekiti State chapter of the Peoples’ Democratic Party (PDP), Dr. Temitope Aluko regaled Nigerians with sordid revelations of how the June 2014 gubernatorial elections in the state was rigged in favour of the PDP which won the elections.

His allegations also indicted former President Goodluck Jonathan whom he accused of giving Governor Ayo Fayose $37m to prosecute the election.

Also indicted were former Chief of Defence Staff, Air Chief Marshall Alex Badeh and that of Army Staff, Lt. Gen. Kenneth Minimah; former Minister of Defence Musiliu Obanikoro and his erstwhile colleague in charge of Police Affairs, Jelili Adesiyan – whom were all accused of using the military and police to intimidate and harass the opposition in order to guarantee victory for the PDP.

Since then, we have been witnessing an unending drama regarding this issue: denials from Governor Fayose (naturally); Aluko coming out to reconcile and Governor Fayose forgiving him; only for Aluko to make a U-turn the next day to say he was harassed into reconciliation, and so on and so forth.

The happenings are so fast that they can make one’s head spin.

However, in the midst of all the politics surrounding what are serious allegations, it is important to know the position of the law on this.

For example, the allegation by Dr. Aluko amounts to an admission of perjury as it runs counter to the evidence he gave as a star witness in the cause of the hearing of the Ekiti State Governorship Tribunal all the way to the Supreme Court.

Already, there is a warrant for his arrest issued by the Chief Magistrate Court of Ekiti State, as well as a case of perjury instituted against him by the Ekiti State Government at the State High Court in Ado-Ekiti, the state capital.

However, nothing has been heard regarding these two cases: Dr. Aluko has not been arrested and arraigned before the Chief Magistrate of the state and is still enjoying his freedom neither has the State High Court heard the case of perjury brought before him by the state government.

Also, there has been no mention of an investigation into the allegations against former President Jonathan in order to question whether he really gave $37million to Governor Fayose for the elections and where the funds originated from; or an investigation into the alleged abuse of power on the part of the former service chiefs and ministers.

It also raises the question why there are no penalties for election rigging, either with a jail term or banning culprits from holding public office, whether elective or appointed, for a period of time.

Since the inception of democracy, we have had numerous elections overturned due to election malpractices; in some instances, the riggers themselves have publicly admitted to carrying out or participating in these malpractices, apparently emboldened by the fact there will be no repercussions for their actions.

It is not unexpected that Dr. Aluko’s revelations will stir up controversy, and his motivations will always be the subject of many debates. However, what should not be a matter of debate should be the position of the law regarding this situation.

This means that Dr. Aluko must be brought before a court of competent jurisdiction for perjury and tried accordingly.

The Attorney-General of the Federation must also open investigations into the allegations against former President Jonathan, Obanikoro, Adesiyan, General Minimah and Air Marshall Badeh for possible abuse of power or using of public funds for private purposes.

Even more, it is about time that the National Assembly passed laws that prescribe penalties for persons guilty of participating in election malpractices to act as strong deterrents against politicians who subvert the will of the people in order to impose themselves on the electorate.

The more time passes without the necessary action taken by the legal system, the wrong signal is sent that people can engage in impunity and publicly admit to it without being punished.

In the end, the whole system is weakened and what are we – without strong institutions?

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