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Opinion!Oni’s legal action and Southwest leaders: matters arising.

Opinion!Oni’s legal action and Southwest leaders: matters arising.

The public statement issued by the APC leaders of the Southwest in response to Chief Segun Oni’s suit against Dr. Kayode Fayemi and others has four main assertions that require very serious consideration. Before addressing them, it is necessary to look at the merits and otherwise of Oni’s case although the final voice is with the courts.
At any time and in any situation we find ourselves, we must feel obliged to advance our democracy and practice of it constantly towards a more perfect goal. We also must advance our government, governance and the underlying ethics towards a direction that makes us more credible, consistent and faithful to our creed. These are very essential philosophies that constitute the prism through which Oni’s suite should be viewed. It is also the very reason why a casual assessment of the propriety of the suit can miss a much more fundamental point than is portrayed in the superficial.
Ordinarily, many APC members will view the suit as not been in the interest of the Party at this time. Some have even viewed it as a sort of “bad belle” attitude from Chief Segun Oni towards Dr. Kayode Fayemi, the candidate of the Party. Over time, it will be clear to all that Oni might actually be doing the Party a huge favour.
Oni is primarily seeking judicial determination of two issues which determination will help shape our political engagement for the better.  The first issue is: should an appointed officer (distinct from an elected officer) of government resign the appointment before contesting any election or should the public position held by the aspirant as was the case here be held as insurance policy in the event of failure? In order words, should government use a subsisting public office to underwrite the risk of failure of an aspirant under partisan circumstances? Would there be similar gesture extended to other aspirants? In the case of elected officials, I believe they retain their positions because of the explicit provision of term tenure accompanying the elective offices. A determination of this issue by the courts will go a long way in setting some standard of responsibility and accountability for our public officers.
The second issue Oni is asking the court to determine, from my layman perspective, is whether or not a criminal indictment by a state or federal government constitutes a moral burden to overcome while seeking a public office, elective or appointive. Lawyers will argue, Judges will decide and the law will eventually take its course. The benefit to the public is that the standard of ethics in our public engagement and assessment will be strengthened and our anti-corruption crusade and consistency in practice will benefit something.
So now to the leaders. According to them, “we all are committed to working for the total victory of the APC candidate, Dr. Kayode Fayemi”. In spite of his suit, I believe Oni is too. Oni knows too well that there is no miracle by which this case can be determined by July 14, 2018. Every plaintiff I believe hopes for a favourable judgement. The relief Oni is seeking is realizable only, in the event of a favourable outcome of the case, if Fayemi wins on July 14. If Fayemi loses, the suit is of no value unless APC as a Party can overturn the victory in the Tribunal and make it become APC’s victory. On this realization, Oni has no choice than to be committed to his Party’s victory on July 14.
Ekiti State Government under Governor Fayose has at least a criminal case pending against Dr. Fayemi. What if in the event of our (APC’s) victory on July 14, Ekiti State Government as presently constituted gets its criminal case against Fayemi adjudicated upon and the court endorses the outcome of Justice Oyewole Judicial Enquiry? Fayemi victory will be overturned and without a pre-election matter in court, APC will be left in the limbo.
Apart from the external factors above, there are some internal issues very critical to the APC’s hope for victory on July 14 in Ekiti. The Southwest leaders in their release said the failed aspirants “all emphasized their commitment and suggested that Kayode Fayemi run an effective and inclusive campaign that will ultimately lead to an all-inclusive government”. Does the Fayemi camp truly share this perspective of inclusivity as essential to victory on July 14? Fayemi’s group seems to have targeted Segun Oni’s supporters for special (mal)treatment. They are marginalized, ostracized and treated with contempt and disdain as if they committed a crime supporting Segun Oni in the primary. In treating Segun Oni’s people, the strategy by the Fayemi group seems to be “Isolate and marginalize”! This is hardly an approach that can be considered inclusive.
The leaders state further: “Furthermore, it is worrisome that a court action against Kayode Fayemi and our party is alleged by media reports to be instituted by Chief Segun Oni, which from our investigations is being sponsored by some unknown persons”. As far as has been established, there are external interests behind the Segun Oni action. To him, it is a duty he feels obliged to carry out. No one is sponsoring him. Of course, there are interested parties within his camp.
Finally, the leaders state: “For the avoidance of doubt, we the undersigned leaders remain solidly behind the candidacy of Kayode Fayemi knowing full well he has fulfilled all necessary requirements for the election as the candidate of our party.
We therefore demand that the sponsors of the court action withdraw their case immediately if they are within our party and not agents of PDP”. I hope these leaders are not falling into the same trap and identification error as most elements in the Fayemi camp. These are people who engineered the rumour variously that Oni is a PDP agent and Obasanjo’s plant in APC. At another time, they said he is a Tinubu person who must be schemed out by the “anti-Tinubu young Turks” in the Party who have special goal of “capturing” Southwest. A common expression heard during the primary campaigns was “APC cannot give its food to the dogs”! In spite of all he did, efforts and contributions he made, Chief Segun Oni was never truly accepted as a member of the Party by some Party fundamentalists in the Fayemi camp. A great pity indeed.  I don’t know of any political party that succeeds at the poll with exclusive membership.
Our leaders must not join the bandwagon of the ancients who see litigation as basis for enmity. Everyone who believes in the rule of law must reject aphorism that no two opposing parties come back from the court as friends. That is not the reality of courts. The courts provide a good opportunity for civilized resolution of disputes. Our leaders should give the courts a chance.
Otunba Ben Oguntuase
Lagos

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