Abuja — FIERCE opposition yesterday trailed the nomination of chairman of presidential election petition tribunal justice, James Ogebe as a Supreme Court Justice by President Umaru Musa Yar'Adua with Transition Monitoring Group (TMG) calling on the senate to step down confirmation of the nominee.

Also, outspoken former governor of Kaduna State, Alhaji Balarabe Musa said the gesture was suspicious and should be probed.

But, Deputy Majority leader of the senate, Victor Ndoma Egba (SAN) as well as Senator Dahiru Kuta (PDP Niger) said there was nothing wrong with Ogebe's nomination and therefore should be applauded by lovers of justice.

Justice Ogebe and Justice Mukta Comasie were nominated as Justice of the Supreme Court in a letter sent to the senate for confirmation Wednesday by President Yar'Adua. The decision has elicited mixed reactions from a cross section of Nigerians.

In a three-page petition to the senate president, Chief David Mar, titled "Open letter to the senate," and signed by its chairman Moshood Erubami, TMG said that it was opposed to Ogebe's nomination because it was tantamount to bribery by the president.

The group said "We express shock to the wrong timing of the acceptance of recommendation of the NJC on the nomination of Justice James Ogebe to the Supreme Court. As it is the TMG is very reluctant to categorize the move by President Yar'Adua as any bribery.

We would also in the time being refrain from expressing any suspicion with the forwarding of the names of the Chairman of the Presidential Elections Petition Tribunal, Justice James Ogebe to the Senate for confirmation as a Supreme Court Judge. We see the timing as very dangerous and unethical.

We are not oblivious of the powers conferred on the President by section 23(1) of the 1999 Constitution in seeking Senators endorsement of the names being forwarded to the hallowed chamber of the Senate but we are worried about the timing, legal implication and the moral burden it carried along with it.

"We therefore wish to prevail on your good offices to ensure that the Senate tarry a bit until the cases filed by the opposition parties against the election of President Umaru Musa Yar'Adua are concluded in other not to give a bad impression of a deliberate plot to scuttle the process of obtaining justice in those cases.

The president should be assisted to scale up allegation of hatched plots against the independence of the judiciary which could further undermine his credibility and compound his legitimacy problem as a result of the April 21 election which he himself has confirmed to be deeply flawed.

"Nigerians which the President has consistently claimed to be representing should not be put at liberty to read meanings into the President's subtle actions while the Senate watch with glee an action being perfected to perverse the course of justice."

TMG maintained "We implore the President and prevail on the Senate to be less in a hurry to confirm these promotions as doing so may advertently influence the outcome of the ongoing presidential election petition and put the president stance on due process and rule of law to question.

Senate should do everything in its power to allow the confirmation after the petitions before Justice James Ogebe are finally determined so as not to be interpreted as undue influence.

The TMG believe in the ability of the Senate to step down the consideration of the confirmation process in the names of good oversight duties and representative democracy."

Expressing reservation about Ogebe's elevation, Musa, who is also the chairman of Conference of Nigeria Political Parties (CNPP) insisted that the president's motive was suspicious.

Alhaji Musa who spoke to the Daily Champion on the telephone, noted that given recent developments in the political landscape, there must be clear objectives of achieving some selfish interests.

According to the CNPP chairman it was very clear last week that the chairman of Presidential Election Petitions Tribunal was obviously being intimidated.

Although I can see it as honest and transparent elevation, the rumours of promotions and appointments are too many.

"I will plead with Nigerians to stand up to their feet," he said.

In his own reaction a chieftain of the Progressive Peoples Alliance (PPA), Dr Iboko Imo Iboko told Daily Champion on telephone that the appointment was in line with constitutional provisions.

"We have a president who is supposed to be doing the right thing and so with the elevation of the judges to the Supreme Court, we have confidence that President Yar'Adua will live up to expectations," he said.

Expressing similar views, Deputy majority leader of the senate senator Victor Ndoma Egba (SAN) and Senator Dahiru Kuta (PDP Niger) hailed the nomination.

There were however indications that the confirmation of the nominee would be a mere formality in the senate

Senator Ndoma-Egba said that the nomination Justice Ogebe was based on the recommendation of the Nigeria Judicial Council(NJC) and not by executive fiat

According to him the appointment followed a laid down procedure in the judiciary which recognizes seniority

The appointment was absolutely in order and there is nothing sinister about it because due process was followed in his nomination

Kuta in a telephone interview with Daily Champion described the nomination as a step in the right direction adding that the nominee would enjoy the overwhelming support of his colleagues when presented for confirmation on the floor of the senate

He stated that Justice Ogebe as a man of intergrity would always insist on justice at the nation's apex court.

According to him there was nothing wrong in the nomination of Ogebe.

He said that the fears that his nomination was ill-timed and suspicious was unnecessary given his impressive record in the sector.