A legal practitioner, Emeka Okpoko, in this interview with Tribune’s chief judicial reporter, Bamidele Nafiu, speaks on the Senate’s refusal to swear in Alphonsus Igbeke; the late President Umaru Yar’Adua and IBB’s presidential ambition. He also sets agenda for President Goodluck Jonathan

What is your reaction to the refusal of the Senate to swear in Alphonsus Igbeke as the senator representing Anambra North, as ordered by the Court of Appeal?
For me to go into addressing your question, it is good for us to grasp the sourrounding issues i.e what we usually called statement of facts. I am not a lawyer in the matter, but I have been following the events as they unfold just like all other Nigerians. I know that the quagmire that they found themselves was that Senator Joy Emordi was saying that there is a judgement of the court of appeal in a case between her and one, James Igbalonu, where she was declared the winner by the court. There is another one now between Joy Emordi and Igbeke where the court of appeal has now said it is Igbeke. I understand she had gone to the Supreme Court so as to enable the court look at the two judgements since both of them are from the court of appeal and interprete for her, to know which one to follow. The court of appeal has said the latter one, which means the one between her and Igbeke on the basis of which Joy Emordi had to the Supreme Court.

As far as I am concerned, what we have at the Supreme Court is not an electoral petition but an interpretation of the judgements of the two courts. Now, the issue is, Nigerians are saying why is Igbeke not sworn-in immediately? Agreed and that is correct because the court of appeal said he should be sworn-in immediately as a Senator of the Federal Republic of Nigeria representing his constituency. But, now that there is an appeal to the Supreme Court, I think what the Senate has done is proper both in law and  fact. Since the case is at the Supreme Court, the proper thing is for everybody to sheath their swords until the issue is laid to rest. So, as far as I know the law, it is correct and proper that the Senate should not swear-in Igbeke. I think Emordi’s lawyer has filed a notice of appeal in anticipation of the outcome of the matter at the appellate court.

Igbeke must hold on until a full blown judicial process is completed since the cycle ends at the supreme court. I think owing to the nature of the matter, it will be resolved very soon at the Supreme Court and the moment that is done, if he succeeds, he will immediately be sworn-in. He will only enjoy the number of days left after Joy Emordi might have left the Senate. So, there is nothing like his tenure will start to count when he was sworn-in. I think problems like this arise because of the flaws in the electoral acts and that is why there has been clarion call for the amendment of the acts. It should be amended in such a way that before anyone is sworn-in, the judicial processes should have been concluded. As far as this is not enshrined in the electoral acts, you don’t have any reason to blame the court.

What are your views on the Late President Umaru Musa Yar’Adua?
We all know the late President as a man who was very sick, so anything we want to say about him, we have to be very cautious because anybody can fall sick. The way I observed him, I think he meant well for the country but he was unable to do so because of natural calamity that eventually terminated his life. The man indeed tried because the trauma that those who passed through such terminal illness passes through, are usually overwhelming. The psychology is even a disorganising factor. So, i think he tried in his own way. Afterall, we knew he was sick and we allowed him and I think that even accelerated his death.

What do you expect from Jonathan’s presidency?
I expect him to face two key areas. Number one is energy. Electricity is a problem, a very serious problem in Nigeria. I think if he concentrates very heavily and was able to fix the problem, he will have succeeded in establishing his name in the minds of all Nigerians.

The second one is electoral reform. Election rigging in this country is getting sophisticated as the days gone by. We need an electoral process that is rigging free and transparent, that will throw up the most competent leader who has a vision to deliver this country from its present state.

Would you support the call on President Jonathan to contest the presidential election next year and what is your take on the electoral reform?
I do not agree with the notion that if he runs, we may not have a free and fair election in 2011. I think it is beyond that but a case of a man who on his own has integrity and wants to build a name for himself. The way and manner of who becomes the chairman of Independent National Electoral Commission (INEC) is very important. The way and manner people are picked to run the country’s electoral process is also very important. I agree that he who pays the piper, dictates the tune, but not at all time. Though, we can say if he does not contest, it may be better but that will not even solve the problem. That is why we are saying that it should not be the President that appoints those in charge of elections. If he had not appointed, that will send a signal that he may not be able to control who will be in charge.

Can you react to General Ibrahim Babangida’s presidential ambition?
For me, I don’t agree with IBB coming back to become the president. I have no reason to belief that a man who left Aso Rock in 1993 will resurface again, I think it is greed. A man who wants to be treated like a king that is what I see in him. What development has he undergone since he left, that will qualify him to come back to power? I think Nigeria has gone to a level where we should begin to look at the younger generations for leadership. He should go and rest because he has done his bits and performed the best he could.  Why it has been difficult for us to handle a person like IBB is because elections in this country are very expensive. To participate in a local government election is very expensive not to talk of presidential and this man has stupendous wealth. I think what should be done is to keep talking and sensitizing people. Journalists should also be writing articles to create awareness among the populace. Through these, a lot of people will get to know what is happening.

What is your opinion on the resignation of Prince Vincent Ogbulafor as pdp national chairman?
I don’t think his resignation has any implication for PDP because he was not a strong person. I never saw him as an entrenched person.

Nigerians are not even aware that he resigned. Only few people who read papers and follow events the are aware of his exit. He can go and nothing will happen to the party. I see his trial as just to pull him down.