Ise-Oluwa Ige
27 November 2008
A full panel of the Supreme Court led by the Chief Justice of Nigeria (CJN), Justice Idris Legbo Kutigi is planning to deliver judgment before Christmas on two separate petitions maintained by Alhaji Atiku Abubakar and Maj.-Gen Muhammadu Buhari against the electoral victory of President Umaru Musa Yar' Adua in the last presidential poll.
Atiku Abubakar was the presidential candidate of the opposition Action Congress (AC) in the April 21, 2007 poll while Buhari flew the flag of the All Nigeria Peoples Party (ANPP).
Both of them lost to Yar'Adua, according to results announced by the National Chairman of INEC, Prof Maurice Iwu.
A competent source at the Supreme Court told Vanguard yesterday that the CJN and his brother justices had met on when to deliver the judgment "and I can tell you authoritatively that they are considering December 5, 12 and 19, this year as possible dates.
"They are saying that they wanted to lay to final rest the legal controversies surrounding the validity of the poll before Christmas," the source said, adding:
"But whatever their decision is at the end of the day, they don't have beyond January 22, next year to deliver the judgment in the case since the case was heard on October 23, this year.
"You know that the court must deliver judgment in any case it hears within three months after hearing.
"If they fail to deliver the judgment before Christmas as being contemplated, they cannot stretch it beyond January 22 which is a Thursday.
"But since they deliver judgments on Fridays, that means they cannot stretch it beyond January 16, few days after resumption from Christmas and New Year break. You know they will be going on Xmas break from December 19," he added.
It would be recalled that the panel of seven justices led by the Chief Justice of Nigeria (CJN), Justice Idris Legbo Kutigi had on October 23, this year adjourned judgment in the two cases against President Yar'Adua's election sine die.
The CJN had specifically said that it would communicate the specific judgment day to parties at a later date.
That was after each of the leading counsel representing parties in the two appeals adopted their written briefs and expatiated on key issues raised in their briefs of arguments.
On the last adjourned date, the court first heard the appeal of Major.-Gen Muhammadu Buhari against the electoral victory of President Yar'Adua.
Hearing in the case spanned more than three hours before the panel called Atiku's case which also lasted about four hours.
Maj.-Gen Muhammadu Buhari was physically present in court on the day to witness proceedings in the case.
He was flanked by associates and admirers while his supporters sang his praises.
He insisted that the April 21, 2007 poll which produced Alhaji Yar'Adua as president must be annulled on the ground that it was marred by unprecedented irregularities.
In the main, Buhari who spoke through his counsel, Chief Mike Ahamba (SAN) said that the election should be annulled.
He said he made the invitation because the April 21, 2007 poll was not free and fair and that it was conducted without substantial compliance with the electoral act 2006.
Besides, he said forged electoral results were presented and that that reason alone was enough to invalidate the election.
He said the election was marred with unprecedented irregularity which he said manifested in INEC producing four different final result sheets with conflicting scores allocated to candidates in the election.
He said before the election was conducted, the election results had been prepared given the dates endorsed on some of the result sheets.
He said the election should be annulled to save Nigeria from an impending calamity.
He asked the court to bar Prof Iwu from holding public office.
But Chief Wole Olanipekun (SAN) asked the court to discountenance his request and dismiss his appeal
He said his petition was not only defective but that he did not call witnesses to prove his case.
He said that his allegation that there was massive irregularity could not hold water because there were no evidence to back up his claim.
He also said that the request to bar Iwu from contesting public office was ungrantable.
He said if Iwu had committed any criminal offence known to law, he said he should be tried in a law court and be punished accordingly.
Atiku through Prof Alfred Kasunmu (SAN) also presented his case before the court on the day.
Atiku in his brief of argument prepared by Chief Emeka Ngige SAN said that heavens would not fall if Yar'Adua's election is nullified, while asking the apex court to stop the Independent National Electoral Commission under the leadership of Professor Maurice Iwu from conducting the re-run election expected to be ordered by the apex court.
"With the demonstrated level of desperation on the part of the Commission and the 5 th respondent {Iwu} to exclude the 1 st petitioner {Atiku} from contesting the presidential election and the consequent perversion of the electoral process, this court should have no difficulty in nullifying the election.
"After all, several governorship elections have been nullified by the Election Petition Tribuals and the Court of Appeal in several states in Nigeria and heaven has not fallen.
"Whichever way the 21 st April, 2007 presidential election is appraised on the basis of evidence led by the petitioners, and the admissions made by the respondents in varying degrees, the election ought to be nullified.
"We make bold to state that the heavens will not fall if the 2007 presidential election is nullified and a fresh election ordered to be supervised by a neutral, impartial and independent personnel in the INEC.
"This court has a golden opportunity and responsibility to save Nigeria from going the way of Kenya and Zimbabwe following the outcome of greatly flawed elections".
Atiku also contended that "the court below was in serious error in invoking the issue of security and welfare of the country as an excuse for saving a seriously flawed election".
Speaking with reporters on the day after the court proceedings, Buhari said he had confidence in the judiciary's ability to dispense justice in the matter, adding that the petition was better conducted than 2007 when his appeal against former President Olusegun Obasanjo was heard for about 33 weeks.
But Yar'Adua also asked the court to dismiss his case for lacking in merit. The panel which sat on the case had Justice Kutigi as the presiding judge with six others. The six others were the next in rank to the CJN, Justice Aloysius Iyorger Katsina-Alu; Justice Dahiru Musdapher; Justice George Adesola Oguntade; Justice Niki Tobi; Justice Sunday Akinola Akintan and Justice Aloma Mariam Murhktar.
The hearing of the two fundamental cases held under tight security.
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