Justice Ogebe's Elevation Could Wait

President Yar'Adua just committed a blunder by submitting Justice Ogebe's name for elevation to the Supreme Court at this time. The honourable justice of the Court of Appeal, who is also the chairman of the presidential elections petition tribunal has by so doing become handicapped in the discharge of the case currently before him. Do not get me wrong. Justice Ogebe is certainly qualified to sit on the higher bench, now or in the future. There is no reason at this time to question his integrity or that of his colleagues but he has been placed in a difficult position by the timing of this appointment. How could he now sit over judgment in a case involving the same president whose election is being challenged? This appointment could have waited until the case is over.
What Yar' Adua has done is taint the image of the Justice before hand. What would the public think if the tribunal eventually rules in Yar' Adua's favour? Would the people understand that the justices ruled based on the evidence before them? Would the people understand that this appointment did not influence that judgment? The loser here is justice Ogebe who no matter how genuinely he does his job will have to face this dilemma. The only way out of this will be to rule against Yar' Adua even if in a minority judgment but that may not be in the best interest of justice and that may not serve the man's conscience. Just why didn't the president wait?

This brings me to my earlier blog on the issue of election reforms. Is Yar’ Adua’s move “self serving” as is being suggested by some parties? Is the president genuine? Is he really interested in electoral reforms?

The independence of the judiciary cannot be compromised in whatever manner. There should not be any perception of interference in the affairs of the judiciary.