Funso Muraina
7 December 2007
Abuja And Davidson Iriekpen in Lagos — President Umar Musa Yar Adua and his deputy, Dr. Goodluck Jonathan, yesterday tendered some documents at the Presidential Election Petitions Tribunal in Abuja in which they claimed they won the April 21 presidential election.
The documents, which were admitted in evidence by the tribunal, included results of the presidential poll in Lagos State where former vice president and Action Congress (AC) presidential candidate, Alhaji Atiku Abubakar, defeated all other candidates.
Also tendered and admitted as evidence was Yar'Adua's Certificate of Return (COR) issued to him by the Independent National Electoral Commission (INEC).
Yar'Adua's lawyer, Chief Wole Olanipekun (SAN), who tendered the documents, told the court that the reason for tendering Lagos State results would be explained to the whole world during the parties' final addresses to the tribunal.
Also yesterday, all the respondents in the consolidated petitions of the All Nigeria Peoples Party (ANPP) presidential candidate, Major-General Muhammadu Buhari, and Atiku, wherein they sought the cancellation of the poll, opened and closed their defence.
The respondents are Yar'Adua, Jonathan, INEC, Police, Chief of Defence Staff and Peoples Democratic Party (PDP)
When Olanipekun moved to tender the documents, counsel to Buhari, Chief Mike Ahamba (SAN), objected, saying the respondents were barred from bringing in any document at that stage of hearing of the petitions.
Ahamba argued that the provision made it mandatory for the respondents to frontload their reply to the petitions with the documents while filing.
Both Ahamba and Atiku's counsel, Mr. Emeka Ngige (SAN), argued that the Lagos results would not come into the petition, because they were not pleaded by the petitioners.
Replying, Olanipekun submitted that the respondents were permitted by law to lead pleadings made by the petitioners in evidence and bring in documents listed by them if the petitioners did not do so.
He also pointed out that though Buhari said he was challenging results of 29 states, the petitioner had also said in his petition that the election was flawed in all states of the federation.
In his ruling, Justice James Ogebe said: "Since the documents being sought to tender are listed in the respondents' reply, paragraph 2 of the Practice Direction cannot override the original position of the law. The documents are admitted for what they are worth. It is also on record that Lagos results are not in dispute."
The court listed the documents as follow: Form EC8D, results from the state, was listed as Exhibit Yar'Adua 2A; Form EC8C, from the local governments in the state listed as Exhibit Yar'Adua 2B 1-16; Form EC8B, results from the Wards, listed as Exhibit Yar'Adua 2C 1-409; and Form EC8A, results from the units, listed as Exhibit Yar'Adua 2D 1-8,444.
Counsel to INEC, Chief Kanu Agabi (SAN), had earlier tendered the list of polling units from the 36 states and the FCT from the bar, which was listed as EP2/INEC/1-35.
He also adopted the witnesses' depositions to the two petitions, a position that was also taken by other respondents.
After the opening and closure of all the respondents' defence, the court fixed January 28, 2008 for parties in the two petitions to adopt their written addresses. The judgment date will be fixed on the adjourned date.
Respondents were given 21 days to file their addresses; petitioners were given 20 days upon receipt of the addresses to reply, while respondents have another 7 days to reply on point of law.
While fixing the date for adoption of addresses, Justice Ogebe noted that public holidays would also count in the days for the exchange of addresses.
Meanwhile, a Federal High Court in Umuahia has quashed the Abia State Government's White Paper, which indicted some serving and past public office holders, including President Umaru Yar'Adua, Vice President Goodluck Jonathan, former president Olusegun Obasanjo and Abia State Peoples Democratic Party (PDP) governorship candidate in the April election, Chief Onyema Ugochukwu, among others.
Others are Senators Enyinnaya Abaribe and Iyabo Obasanjo, former Secretary to the Government of the Federation, Obong Ufot Ekaette, Abia PDP deputy governorship candidate, Hon. Chinwe Nwanganga, and other prominent PDP leaders in the state.
The presiding judge in the suit filed by Ugochukwu to enforce his fundamental rights, Justice H.T. Soba, held that the procedure adopted by the administration of former governor of the state, Chief Orji Kalu, to set up the panel was ultra vires, as it offends the provision of Section 36 of the 1999 Constitution.
Ugochukwu had prayed the court to quash the report of the panel, which indicted him and other notable Nigerians of corruption and misconduct.
In the suit, the PDP governorship candidate asked the court to declare that the Government White Paper on the Report of the Commission of Inquiry into the Activities of some persons and serving/past government functionaries between 1999 and 2007 dated February 21, 2007, which purported to have indicted the applicant of corruption and misconduct is void being that:
- Only a competent court or tribunal can try, inquire and find the applicant guilty and or liable of or for any corruption or wrong doing.
- The government of Abia State can only set up a commission of inquiry to inquire into matters in respect of which the Abia State House of Assembly has power to make law.
- The applicant was never an employee or contractor to the government of Abia State between 1999 and 2007. The applicant was not an employee of the federal government of Nigeria between 1999 and the year 2007.
The Abia State Government filed a preliminary objection, challenging the jurisdiction of the court to entertain same.
After hearing and reviewing the argument of counsel, the court held that: "the right of fair hearing encompasses the well known principle that a man shall not be a judge in his own cause which in Latin maxim is nemo judex in cause sua. Section 36(1) recognises this rule that the court or tribunal which has to determine the civil rights and obligation of the citizen must be constituted to secure independence and impartiality, to guard against bias by adjudicators, which is enough to disqualify him from sitting in the case.
"In the instant case, the commission of inquiry was inaugurated on 13/2/2007 meant to sit for a duration of two weeks. But it concluded its sitting within 8 days and found the applicant guilty of corruption and other misconduct and issued a White Paper. In the circumstance, the applicant's indictment in the White Paper dated 21/2/2007 by Abia State Government was made in bad faith".
"In the light of the foregoing, anything done under the procedure adopted in producing the white paper which has dispensed with due process of law is clearly ultra vires. The provision of Section 36 of the 1999 Constitution. In this respect, I found that the applicant is entitled to the declaration sought to wit, Abia state government of Nigeria government white paper on the report of the commission of inquiry into the activities of some persons and serving/past government functionaries between 1999 and 2007 dated 21/2/1007 which purported to have indicted the applicant of corruption and misconduct is void. Accordingly, it is hereby set aside", the court held.
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