Leon Usigbe, Umoru Henry & Chris Ochai
27 February 2008
General Muhammadu Buhari of the ANPP and Alhaji Atiku Abubakar of AC have both vowed to appeal yesterday's verdict of the election petitions tribunal at the Supreme Court.
However, the immediate reaction of a victorious President Umaru Yar'Adua's to the confirmation of his election by the Presidential Election Tribunal, yesterday was a call on his opponents - General Muhammadu Buhari and Alhaji Atiku Abubakar - to accept the tribunal's verdict in good faith.
"I again extend my hand of fellowship, friendship and brotherhood to my brothers, who are the petitioners to join hands with me and the Vice-president to serve the people of this country," he told well-wishers at the Presidential Villa
He had a supporter in his predecessor, Gen. Olusegun Obasanjo, who applauded the verdict as a vindication of his administration's stand that the "election was properly conducted."
For Gen. Buhari, yesterday's "decision was nothing more than semi-final," while Alhaji Atiku said "justice has not been done."
Tribunal's verdict vindicates my position - Yar'Adua
President's Yar'Adua's Chief spokesman, Mr. Olusegun Adeniji conveyed his boss' views in a statement saying:
"President Umaru Musa Yar'Adua welcomes with humility and gratitude to God Almighty from Whom all power and authority come, today's (yesterday's) affirmation by the Presidential Elections Tribunal that he was duly elected President of the Federal Republic of Nigeria by the majority of votes lawfully cast in the presidential elections of April 21, 2007.
"The President is gratified that the tribunal unanimously confirmed his often-stated belief that the acknowledged imperfections notwithstanding, he was the clear winner of the presidential elections, which were conducted, in substantial compliance with all relevant laws.
"President Yar'Adua seizes this opportunity to, once again, thank all Nigerians, who have remained steadfast in their support for his administration as it strives to fulfill its mandate for positive and significant changes in the living conditions of all citizens.
"The President urges his two valiant opponents in the elections who petitioned against its outcome to accept the verdict of the tribunal in good faith. His invitation for them to cooperate with him in moving Nigeria forward remains and he calls on them to accept it now in the greater interest of the country.
"He reaffirms his total commitment to serving Nigeria to the best of his abilities and running a purposeful and result-oriented administration that will yield tangible and visible benefits for all Nigerians.
"The President also reaffirms his commitment to working with all stakeholders to fully address the problems associated with past elections in the country and achieve a positive reformation of Nigeria's electoral system that will ensure that the problems do not recur in future."
Obasanjo applauds verdict
Former President Obasanjo, while applauding the verdict of the Presidential Election Tribunal said it had vindicated his administration's stand that the election was creditably conducted. "The election was properly conducted,"' he said. Obasanjo said the verdict was "a vindication of the fact that my administration conducted the election to the best of our ability."
He said although no human process was perfect, whatever inadequacy in the elections did not substantially affect the results negatively. The former President reiterated the fact that no election anywhere in the world was perfect, saying Nigeria's could not be different. He congratulated Yar'Adua and Vice-President Goodluck Jonathan, on their victory at the tribunal.
Obasanjo said now that the tribunal had upheld their election, the two men should re-dedicate their lives to the good of Nigerians.
Justice not done - Atiku
Alhaji Atiku in his reaction said: "In April of last year, Nigerians were buoyed with the prospects of going to the polls to choose, of their free will, a new set of leaders, including a new President, to pilot their affairs for another 4 (four) years. In April of last year, that promise of hope and restoration was broken.
"In an atmosphere fraught with fraud, intimidation and outright illegality, a series of events were foisted upon us culminating in the charade called 'elections' on the 14th and 21st of April 2007, respectively. These so-called 'elections' have been adjudged by all, far and near, local or foreign, to be the worst elections ever conducted on the face of planet Earth.
The elections were so incurably bad that even those "selected" under this subversive fraud have freely admitted on record that the process was hopelessly flawed.
"Those who orchestrated and perpetrated this fraud on the Nigerian people did so with the belief that, once firmly entrenched in their illegally acquired offices, they could foist upon us all a fait accompli and silence our collective voices. But they were wrong!
"All my adult life, I have always believed and held sacred the principle that there is no alternative to democracy: the enthronement of the will of the people as freely expressed in periodically conducted free and fair elections. But democracy is not about elections alone. There is none more important than the role of the judiciary and the rule of law.
"We have seen how election disputes have degenerated into anarchy and near civil war in several countries in Africa . We have seen how denying people the right to freely choose their own leaders has resulted in the explosion of pent-up frustrations and anger and, sometimes violence, leading to the senseless loss of lives and destruction of property.
"As a law abiding, people-first committed democrat, the standard bearer of an equally democratic, people oriented and law-abiding political party and having faith in the strength, courage and ability of the Nigerian judiciary to dispense justice fairly and without bias, we have taken the one and only route we have always taken in the face of manifest illegality, injustice and subversion of the will of the people: we have gone to court.
"Today, in an epochal and far-reaching judgement, the Presidential Elections Petitions Tribunal has, in its own wisdom, decided that the charade called 'elections' held in April of last year was a fair representation of the free will of the Nigerian people.
"Today's judgement is not a decision against Atiku Abubakar or the Action Congress. No! It is the peace loving people of Nigeria, who have lost today. In my own humble opinion, the people of Nigeria have had their voices silenced again. Justice has not been done and the rape of our young democracy has been sustained.
The future of constitutional democracy and free and fair elections in Nigeria , nay, Africa , remains imperilled and we must redouble our efforts at vigilance.
"Yet, the rule of law must prevail. Right will, one day, prevail over wrong. I remain unshaken and steadfast in my long-held belief that there is no alternative to this our democracy.
In fact, today's judgement re-validated this and I am confident still that, even though it may sometimes appear to be a long and tortuous path, there is no alternative to recourse to our courts to seek redress for electoral fraud. Consequently, I have instructed my team of lawyers to compile the records of today's proceedings and to, immediately, file an appeal at the Supreme Court of Nigeria to overturn this judgement.
"I must thank a dynamic, courageous and free and vibrant press for its steadfastness and never-shaking commitment to Project Nigeria. You must redouble your efforts at vigilance.
Most importantly, however, I must thank the long-suffering ordinary people of our dear country, who have remained patient, enduring and peace-loving even in the face of the subversion of their free will and the deprivation of their God ordained rights. Your day of vindication will yet come.
"Today, the battle is lost, but the war remains. There is still a long winding road ahead of us in the long journey to rebuild Nigeria. There are many more tribulations awaiting us down the road. But go down this road, we must. We must rebuild our politics, our economy and our society. We must redefine what it means to be a Nigerian. Every Nigerian of voting age must have his voice heard and his vote counted, because, as I have said before, there is no alternative to democracy."
It's semi final - Buhari
Gen. Buhari, speaking to reporters moments after the court rose described the judgement of the Presidential Election Petitions Tribunal as "semi final." He said he would appeal to the Supreme Court within the three weeks time frame allowed."For us it is semi-final.
We are proceeding to the Supreme Court," he told reporters.
Counsel to the ANPP candidate, Mr. Mike Ahamba (SAN), said the ruling was a "black day in the annals of Nigeria's history."
Ahamba told newsmen that the ruling called to question the integrity of the tribunal, and vowed to challenge the judgement at the Supreme Court. "Even if it is the last thing I will do as a lawyer, I will do it," Ahamba said, while explaining that he was misled by the tribunal not to provide witnesses as part of his evidence. Quoting a local adage, Ahamba said that "conscience is like a bag and the heart is like a bag and everybody is hanging his own," he said.
In their remarks, counsel to PDP, Mr. Joe-Kyari Gadzama (SAN) and Mr. Wale Olanipekun (SAN), said the ruling was a landmark in Nigeria's history.
They added that it was thoroughly researched and based on the facts that were presented, "not fictions and allegations." Mr. Damien Dodo, who appeared with Olanipekun, said the judgement was based on evidence and that the petitioners based their presentations on allegations.
"Cases are decided on facts and evidence, not on newspaper news and propaganda. It is one thing to see and read of allegations, but it is another thing to prove it," he said.
Also speaking later in the day, the Director of Publicity of The Buhari Organisation (TBO), Alhaji Hamman Sule said the judgement created the impression that laws made were not meant to be obeyed.
His words: "We are very disappointed by the decision of the tribunal today (yesterday). We are very disappointed because really they concentrated on technicalities as they relate to the submission of documents to the procedure by which documents were tendered or administered and all that. But there are very substantive issues of law and if law is made, it is made in order to be obeyed and to be complied with.
"If you say the law that has compelled INEC to produce ballot papers that have serial numbers and therefore have identity is irrelevant, they don't have to do so, then of course, there is no need to make the law. And if you say the law which compels INEC to administer oath of office on the generality of its workers is irrelevant, it doesn't have to be obeyed, then there is no need to make that law.
"So, the issues are laws of Nigeria must be respected and it is very important, very significant that laws are respected. If elections are conducted outside the laws or the provisions of the laws and they are still upheld, then it means that there is just no rule for the game," he stated.
ANPP accepts verdict
Meanwhile, the ANPP has said that it has no objection to the decision of the Presidential Election Tribunal.
According to its National Publicity Secretary, Mr. Emmanuel Eneukwu who spoke to Vanguard after the judgement yesterday, the party had no choice but to accept the judgement which he said was well thought out.
He, however, noted that it was Gen. Buhari's prerogative to go on appeal if he so desired to exhaust all constitutional avenues available to him.
Mr. Eneukwu also said that the party's Central Working Committee would soon meet to assess the judgement and determine the way forward for the party.
"The All Nigeria Peoples Party would have no cause not to accept the judgement of the tribunal. I think the verdict is a well thought out verdict and we are not objecting to the verdict at all. The ANPP as a political party is not feeling injured by the judgmeent.
"He (Buhari) reserves the fundamental human right to exhaust all avenues of redress. Anybody that feels injured must seek redress in the constitutional laid down avenues but our own view is that the tribunals from the states down to the Presidential Tribunal have really encouraged Nigerians about democracy.
However, the AC, in a statement issued in Abuja by its National Publicity Secretary, Alhaji Lai Mohammed, said its confidence in the judiciary remains unshaken despite the judgement. "We in the AC have always shown tremendous respect for the judiciary because of its forthrightness, fairness and fearlessness.
Today's (yesterday) judgement has not changed that, even though we would have wished that the tribunal would rule otherwise, considering the preponderance of solid evidence showing that what was passed on for election on April 21 was nothing but a charade, a make-belief and a mockery of election process," the party said.
The party called on its supporters to remain calm in the aftermath of the ruling, saying it was confident that the Supreme Court will resolve the contentious issues involved once and for all, and in good time too. "We thank our teeming supporters across the country for continuing to repose confidence in the leadership of our great party to do what is right, even in the face of provocative election rigging and violence by those bent on making a mockery of our democracy.
"We assure you, our supporters, that we will not relent until justice is not only done, but is seen to have been done. We will also wish to stress our resolve to pursue the non-violent option as we seek to highlight what the whole world already knows, that there was indeed no election on April 21st 2007," the party said.
The ruling PDP described the verdict of the Presidential Election Petition Tribunal as victory for the country's democracy. Addressing journalists at the party's national secretariat, the out-going National Chairman, Dr. Ahmadu Ali, who urged Nigerians not to either see any of the parties as the victor or the vanquished, said Nigerians should see the country and democracy as the victors.
He said, "as a party, the PDP applauds the judiciary for the well-thought out judgement.
"It will be recalled that we have consistently maintained that our party and Mr. President, our flag-bearer campaigned for voters more vigorously than any of the other parties before the April 2007 elections and thus it was no surprise that majority of Nigerians voted overwhelmingly for the PDP and its candidates. With the affirmation by the court, we call on all Nigerians to close ranks, rally round Mr. President and provide the necessary platform for the attainment of the laudable objectives and programmes of concrete development.
"The landmark judgement is not only a victory for the PDP, it is equally a victory for our nascent democracy which is maturing fast.
"You would recall that since the tribunals have been reeling out their judgements, all the parties that contested the elections have lost and won cases. This is a clear indication that the judiciary in Nigeria is truly independent.
"We have spent so much time on the election petitions and it's high time we concentrated on moving the country forward in line with the seven-point agenda of Mr. President to achieve the set target of vision 20-20."
Answering questions on the opposition heading to the Supreme Court, PDP National Chairman, who noted that everyone was free to use every available means and resources to seek redress, said with yesterday's ruling, the party was optimistic that the Supreme Court would not give any contrary judgement.
Speaking on the nullification of Admiral Murtala Nyako of Adamawa State 's election, Ali said the party was prepared for another election in the state, and stressed that the PDP was battle ready to go out with all its forces to win at the poll.
But Dr. Iyorcha Ayu, a chieftain of the AC said: "We have great respects for the judiciary. This judgement has gone against us but we have won some in the past, and we shall appeal."
Judgement, victory for all Nigerians -VP
Vice-President Goodluck Jonathan described the verdict of the Presidential Election Petition Tribunal in Abuja yesterday as victory for all Nigerians, irrespective of their party affiliations.
Speaking to State House correspondents, the Vice-President said the judgement was not a victory for himself and President Umaru Yar'Adua alone.
"'The judgement today is not a question of whether the President and I have won the election. The most important thing is that Nigerians have won. We should now expect peace, stability and good governance in the country. It is for all of us. The victory is for all," the Vice-President said.
He called on other political parties to work with the administration to advance the cause of Nigeria and Nigerians both locally and internationally.
Akinjide hails judiciary
On his part, second republic Minister of Justice and Attorney General of the Federation, Chief Richard Akinjide said: "The judgements delivered represent excellent forensic skills. I have no doubt that the entire English speaking world will be proud of the Bench and the Bar of Nigeria. Just take away the names of the judges for the case and take away the court where it is delivered, and put in their place the names of either Australia, England, India, USA or Canada
I am very proud of our Bench and the Bar."
Akinjide, who represented former President Shehu Shagari at the Presidential Election Petition Tribunal, drew a parallel between the 1979 case and this one: "The parallel between 1979 and this one is exactly that the rule of law prevails."
"And you will observe that in the judgement, the case of Awolowo and Shagari was also cited. "We settle our election disputes through the courts and not through violence.
"This is a great tribute to the Nigerian political leaders and to our judiciary, which has handled the delicate situation with great skills and maturity."
"President Yar'Adua won overwhelmingly and today it has been confirmed by the court. We are very happy with the court and the Nigerian judiciary has come of age.
PAC declares day Black Tuesday
The Progressive Action Congress (PAC) declared yesterday as black Tuesday for democracy, following the verdict of the presidential elections petitions tribunal was properly elected.
National Chairman, (PAC), Chief Agadenyi Nwodo said "today (yesterday) is a black Tuesday for Nigeria because the decision of the tribunal was totally in contrary with the expectation of Nigerians.
"It was against the public wishes and things will never be the same again in this country until the right thing is done. We should learn a lesson from the elections of former President Olusegun Obasanjo. In those elections, 1999 and 2003, truth was submerged and the result was the wasting of eight good years.
"The elections having been denounced by the local and international observers as worst polls ever conducted, we hoped the election would be nullified. But with this development, we are now in hopeless situation," he said.
Govs react
"If you listen to the judgement, you will know that the judges have done a thorough work, of course we were sure from the beginning that we had a good election but of course we have to prove it in court and today we have done that. Democracy has come out stronger and more credible and our congratulations to the President and Vice-President.
We should put the past behind and forge ahead a common vision - Gov. Bukola Saraki of Kwara State
"The judgement was very sound. It has enhanced the development of our political process. The judgement addresses those issues raised by the petitioners and are well covered ,we have never had such a judgement. The party is very sure of winning at the Supreme Court, even a layman can see that if we take it anywhere we will win."
- Gov.Gabriel Suswam of Benue State
"It is a good judgement, a victory for the rule of law and democracy. I think it is going to be good for the country, everything should now be quiet - Gov.Gbenga Daniels of Ogun State.
With the judgement, the judiciary has once again shown that they are the bastion of democracy in our country - Gov Sullivan Chime of Enugu State.
"We are thankful to Almighty God,and this is also another plus for the judiciary and we hope thegovernment will now settle down to business and deliver those dividends of democracy Nigerians areyearning for - Senator Musiliu Obanikoro
"We shall allow the Supreme Court affirm or reverse this circuit show of a judgement - Barrister Mike Ahamba (counsel to Gen.Buhari).
Judgement, a betrayal of democracy - CNPP
The Conference of Nigerian Political Parties condemned the judgement saying it was a betrayal of democracy which cannot survive or be sustained in the Supreme Court.
In a statement Osita Okechukwu, National Publicity Secretary, said, "Conference of Nigeria Political Parties (CNPP), took a careful analysis of the judgement delivered today (yesterday) by the Presidential Election Tribunal and came with the inevitable conclusion that the learned justices had joined anti-democrats in betraying not only the basic tenets of democracy, but failed to serve the interest of justice.
"We were appalled to hear from the Justices that evidences provided by the petitioners wass miniature and infact that there were no shred of evidence. We disagree with this position, as for instance there were lots of inconsistences in the results submitted. There were inconsistences of dates and duplication of results.
"Whereas the CNPP subscribes to due process of law and independence of the judiciary, however we are opposed to subvertion of justice as is the case in this judgement, for when justice is subverted the agreived are compelled to resort to self help as witnessed in Kenya.
"We wish to note that this warped justice is antithetical to growth of democracy and only helps to support the Peoples Democratic Party (PDP), a party that not only shies away from elections but has electoral phobia". "The judgement is a betrayal of democracy and cannot survive or be sustained in the Supreme Court.
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