On Thursday, 20th March, 2008 , the Edo State governorship election tribunal sitting in Benin , after over nine months of legal tussle, gave an overwhelming victory to Comrade Adams Oshiomhole, the immediate past president of the Nigerian Labour Congress (NLC). This victory is definitely a victory for the toiling and working masses of not only Edo State but of Nigeria who have been looking for a political alternative to the rotten capitalist politicians.

It should be noted that the emergence of and popularity enjoyed by Adams Oshiomhole cannot be divorced from the struggle of the Nigerian working masses for good governance which resulted in seven general strikes against the Obasanjo's anti-poor, neo-liberal government. It should also be recalled that the period of the tribunal sittings recorded massive movement of the radicalised workers and youth to show solidarity to the "People's President". However, this victory must be situated within correct political analysis so that the victory will not be romanticised and thus given a false impression to the masses of Nigeria . Oshiomhole's victory is a product of the panicky state of the Nigerian ruling class. In an earlier write-up titled "Presidential Tribunal's Ruling: Imperative of a Working Class Alternative" published in Daily Trust of 14th March, 2007, I had argued that "It can safely be inferred that judiciary is an instrument of the state to maintain the capitalist system. It can bow to public interest at times in order to build public confidence in the system, but it will be the most reactionary when mass movement are calling for a positive radical change. Karl Marx was correct in calling law as an instrument to safeguard the private property of the rich few who acquire their wealth through brazen exploitation. To have a blind confidence in the judiciary, as demonstrated by some progressive commentators, is a product of shallow understanding of the state. ", the victory of Oshiomhole has again corroborated this assertion. It is a glaring fact that the judiciary was losing credibility after the Yar'Adua's ruling which in all intent is a political judgment meant to save the system and the incumbent government. This has also made the Nigeria's capitalist state to lose credibility despite the fact that a new government is in place - which may be fatal for the ruling class at a time of serious working class struggle against the state as they will look for political solution.

But the Osihomhole's case gave another opportunity for the Nigerian state to confer credibility on the system, otherwise the system will be put in serious jeopardy as there will be total distrust in the judicial system despite all attempt by the legal practitioners to defend their means of survival. Therefore, it can be safely said that, as much as the Benin ruling is a sound and brilliant judicial judgment, it is also a political judgment meant to save the fast-dwindling image of the Nigeria's capitalist system. It will be funny for the judiciary, given the mass movement around Oshiomhole and the glaring facts depicting the ruthless and violent rigging of the Edo election by the PDP, to give a contrary ruling to the one given. Such ruling would have possibly led to mass anger and consequently a movement. This analysis does not however diminish the sound sense of professional judgment of the judges; but it must be realised that the judges are also human being who also response to social stimuli - they represent a stabilising body for the system.

The Benin judgment is a contradiction in itself. The verdict is a victory for the masses' quest for a genuine leadership, but at the same time the verdict gives credibility to the fast fading capitalist system. Also, while the verdict gives credibility to the system, it also signifies a new ray of hope for the masses to build a new political alternative to the rotten capitalist system as it forced out a concession from the ruling class. Therefore, it will be ridiculous for labour leaders to limit the victory of Oshiomhole to a congratulatory statements alone. The contradiction must be exploited by the labour leadership if they are serious and sincere about defending the long-term interest of the common man which in all circumstance requires a political action beyond Edo State. If the labour leadership and Oshiomhole fail to utilise this contradiction on behalf of the working masses, the ruling class will not hesitate to take it back using the Appeal Court (which can water down or reverse the victory) when the masses would have gone to sleep and even frustrate the government if it eventually scale the legal hurdle. This is the kernel of this write-up. The current posture of the labour leadership in placing their hope on the Yar'Adua's electoral reform will only deprive the working masses of political alternative; it will create disillusionment for the working masses when the government fail woefully to response tothe yearnings of the common man, as will be witnessed in the coming period. The reality is that Oshiomhole's ruling has given hope to the working masses that they can build a political alternative. It is, therefore, incumbent on the labour leadership to make the necessary political inference.

Furthermore, the defeat of the ruling class inEdo State again reinforces the point that the capitalist ruling class of all shades and capitalism itself is being rejected by the working and toiling masses of the world - who unfortunately are finding no political alternative. From the United States (where the mass quest for change has taken the shine off Hillary Clinton (the earlier Democratic popular candidate) in favour of Barak Obama - who unfortunately represents the US imperialist capitalist class but with a vague populist slogans) to Britain where the new labour party - a former working class-based political party that has now become more bourgeois and conservative than the Tories - is fast losing popularity, as reflected in renewed militant industrial struggles and strikes, it is clear that the masses are rejecting the bourgeois politics and their politicians.This is the lesson to be learnt by the labour bureaucrats in Nigeria from the recent Kenya crisis where the absence of working class alternative that could have rallied the working masses together against the divisive politics played by the major candidates led to bloodletting.

It is further vital to talk on the issue of platform used by Oshiomhole during the election and the appropriateness of contesting for governor rather than presidency. Some commentators had argued that if Oshiomhole had used a labour party structure, he would not have garnered the vote he got. But the same commentators, in their Machiavellian theory, could not explain why a Mimiko in Ondo State garnered his massive votes in Labour Party. The question is not whether Oshiomhole would win or not, but how a viable radical pan-Nigeria working class alternative could be given to the masses. It smacks of opportunism for Oshiomhole, who gained mass popularity through struggles of Nigerian working masses for change to abandon a political structure of labour, no matter the limitation of its leadership and programme, and settle for a purely bourgeois platform, in this case the Action Congress (AC), comprising many politicians who share no common interest with those he (Oshiomhole) led. It is a sign of sheer contempt for the working masses, and their independent actions. The action of Oshiomhole created an irony in which pro-establishment and purely capitalist corrupt politicians, who have collectively contributed to the common ruin of the country, are contesting under labour party while a labour leader is contesting under a bourgeois structure! The question is not whether he will win but how sustainable will the contest be in the overall interest of the masses. If it is a question of contesting alone, then he should have rather contested under the ruling party and achieve his victory almost at no cost, since the rigging machine is vested with the latter.

Therefore, it is wrong for Oshiomhole to have thought of using a bourgeois structure to fight for working class interests. The capitalist politicians are no fools; they understand power and know how to use it. Oshiomhole's choice to contest for governorship post also show a level of desperation and lack of a clear idea of how to lead the masses. The issue is that Oshiomhole cannot resolve the crisis facing the Nigerian masses within the confine of Edo State, therefore, there is no point limiting the strength of the masses within Edo State. The view that Oshiomhole's case would have gone the way of the Atiku/Buhari if he had contested for presidency is begging the issues. The question is : would the election had gone the way it went if Oshiomhole had built the Labour Party and contested for presidency under its platform? To me, the answer is a capital NO because the working masses' participation would have been more radical and it would have been more or less be "civil war" for the ruling party to rig election.