Ahuraka Isa examines some of the good, bad and ugly rulings and verdicts of the judiciary in the last 10 years.
On May 24, 2011, the Justice Ayo Isah Salami-led Presidential Election Petition Tribunal sitting in Abuja was full to capacity.
Some of the chieftains of the Congress for Progressive Change (CPC) and the Peoples Democratic Party (PDP) fell over one another to stamp their superiority in the eyes of journalists covering proceedings.
Salami’s first assignment was to order the Independence National Electoral Commission (INEC) to grant CPC unfettered access to the biometric data base.
The data base was created by the Direct Data Capturing (DDC) machines to register voters used for the conduct of presidential election on April 16, 2011.
He mandated INEC to?? give notice to parties as to time, date and place for such exercise provided that the absence of a party duly notified shall not delay the court.
Aside this, CPC was to inspect and take certified true copy of election materials such as register of voters used in all the units,? electoral Forms EC8A, B, C,D and E, manual for the election and list of officials of INEC including adhoc staff who participated in the conduct of election.
INEC was to provide records of ballot papers distributed throughout the federation as well as ballot papers used in the presidential election held on April 16.
By July 14, the panel dismissed every objection that was raised against the suit.
The tribunal insisted that it has jurisdiction to entertain the CPC’s suit, stressing that terminating the petition at that stage would be tantamount to burying contention of the litigants on ground of technicalities.
The panel relied on the provision of section 150(i) of the Evidence Act to hold that there was presumption of regularity, noting that ‘‘the days of relying on technicalities are over’’.
Salami said the respondents failed to disclose the injury, injustice or damage they stand to suffer should the case be heard on its substance.
He therefore certified the CPC petition as competent.
Expectedly, the ruling did not go down well with the PDP and President Goodluck Jonathan, as they immediately appealed the decisions to the Supreme Court for further judicial scrutiny, insisting that the panel erred in law by declining to dismiss CPC’s petition.
On August 1, CPC approached the tribunal, complaining that INEC blatantly refused to grant it access to any of the materials used during the election saying? the? Tribunal? should? define? the word ‘’access’’ to INEC because the commission is hiding under the legal meaning of the term which is unambiguous to comply with the court’s ruling.
Meanwhile the party had in a separate application, sought and secured an order that compelled INEC to seal all the DDC? machines? and ballot boxes used for the presidential elections.
The CPC said it would be subjected to an extensive forensic analysis with a view to proving that the poll was rigged by the PDP.
Beside, CPC had equally prayed the tribunal for an order in its aforesaid application filed on August 1, directing INEC to allow its biometric experts access to all the biometric data base of every registered voters in the country for cross checking fingerprints on the face of the ballot papers cast in the states, local government areas, wards and polling units across the 36 states of the federation and the Federal Capital Territory, Abuja, with what was captured in INEC’s database.
It urged Salami-led tribunal?? to direct INEC Chairman, Professor Attahiru Jega to furnish it with the list of all the local contractors that were engaged by the electoral body to print the ballot papers used for the presidential election as well as oblige it with copies of the contract papers executed by the electoral body, as evidence that the said contract were actually awarded by the commission locally, contrary to the commission’s claim that the ballot papers were printed abroad.
Though the panel accordingly granted the request, CPC returned to court, saying none of the orders were complied with. On August 15, the tribunal asked President Jonathan to respond to a fresh application latest by August 15.
The application was filed by CPC, asking that Buhari be declared as the bona-fide winner of the April 16 presidential election since the PDP and Jonathan have conspired with INEC to deny it access as well as taking away copies of electoral materials used for the conduct of the presidential election on April 16.
The CPC had in a motion on notice noted that INEC blatantly refused to comply with the order made by the tribunal on May 24, adding further that there was a subterranean collaboration between the PDP and the commission as reason why INEC refused to make available to it any of the materials used in the conduct of the poll.
Before August 29, Salami had reserved to hear CPC application amidst speculations by the PDP that Salami would be taught a bitter lesson.
This finally gave rise to his suspension from office by NJC on August18 and confirmed two days later by Jonathan on August 20 with the appointment of Justice Dalhatu Adamu as acting Appeal Court president.
Meanwhile a four-man panel of justices led by Justice Garba Mohammed eventually heard all the parties on the matter on August 29 and adjourned to September 6 to rule on it.
Without much ado, the Garba-led 4-man? panel subsequently reversed the order made by Salami-led panel saying the order made on May 24 was not an express permission for CPC to ‘’take copies of the biometric data for the conduct of April 16 presidential election in the custody? of INEC but just to see it.
The CPC has reacted to the new twist at the presidential panel.
In a press release signed by the CPC Publicity Secretary, Engr. Rotimi Fasakin, the party insisted that the tribunal had earlier given subpoena order for Jega to appear before it on September 20 by 9.00 am expectedly with 19 necessary documents.
The party said, subsequently, the INEC counsel, Adegboyega Awomolo (SAN) brought an application seeking a variation of the order, invariably to seek the appearance of Jega without any of the documents which the party opposed.
It, however, lamented that “in a bizarre twist and unwarranted volte face, the tribunal unconventionally jumped into the arena and ruled that the subpoena order be dismissed a relief that the tribunal magnanimously granted to the applicant.”
It further alleged that the tribunal had lent its weight in assisting the leadership of INEC to cover its perfidious conduct with subterfuge.
The party maintained that the trajectory of the conduct of the ongoing presidential election petition, after the illegal removal of the president of the Court of Appeal, Justice Salami reinforced the belief that the judgement may just have been a decided charade.
“Indeed, as a party, we are not under the illusion that this crop of players in the judiciary, with entrenched cash and carry culture, can do justice.
However, as an article of faith to the Nigerian people, we shall continue to hang in there, using the instrumentally of the law to expose the banality of our justice system.”
It will be recalled that following his refusal to tender an? apology? to either the former Chief Justice of Nigeria (CJN) Justice Aloysius Katsina-Alu or the National Judicial council? (NJC) for allegedly lying on oath, the council on Friday August 18, 2011 handed down an indefinite suspension on Salami.
This is despite the pendency of Salami’s suit at the Federal High Court in Abuja, requesting the court to restrain the NJC from taking further action on the matter.
Two days later, precisely on Sunday August 20, Jonathan confirmed the suspension of Salami and appointed Justice Adamu Dalhatu on acting capacity to replace justice salami as the president of the court of Appeal.
According to a source close to the court of Appeal in Abuja, the rush by both NJC and the president in removing Salami before August 29 was to avoid Salami hearing the CPC application requesting the tribunal to compel INEC to comply with its order it made on May 24 or July 14.
Many analysts have given possible reasons for the turn of events.
INEC’s prevarication or refusal to comply was because, there are no DDC machines or INEC’s? biometric data base? in the commission’s head? office in Abuja.
This would have called to question the N87 billion purportedly expended by the commission against the April 2011 general elections, the source declared.
Secondly, the election of Jonathan may? have been difficult to? justify or defend by array of learned silks or lawyers representing him at the tribunal?? in the face of provocative exposition likely? to be witnessed? if CPC is allowed ‘’unfettered access’’ to INEC database, a source added.
But a Senior Advocate of Nigeria who is not representing any party in the matter before the presidential tribunal but does not want to be mentioned said abnitio, the CPC petition was resting on definite legal ground which was why some senior lawyers avoided taking the brief before the commencement of the tussle.
While responding to Garba-led panel’s ruling on September 6, 2011, counsel to CPC, Ismail Alasa said the 2011 presidential election was marred by various forms of irregularities. ‘‘The rigging took place at different Levels.
Some people voted where they are not supposed to have voted. So, a fingerprint appeared in a particular polling unit where it was not registered…It means vote is invalid. We are not saying we want to know the faces that did it.
We are just saying we want to know the finger prints that belong to a particular polling unit,’’ he said.
But the PDP National Publicity Secretary, Professor Ahmmed Rufai Alkali told journalists at the Court of Appeal premises on September 30, 2011 that CPC’s case can not give PDP sleepless night.
He said since the CPC was registered barely two months before the presidential election in 2011 polls, it was impossible for it to change the equation.
‘‘Besides, history is merely repeating itself anti-clock wise because in 2007, General Muhammadu Buhari’s party at the time, All Nigerian People Party (ANPP) refused to go to court with him to challenge the victory of President Umaru Musa Yar adua, but this time around while Buhari says he is not going to court, his party, CPC challenged the victory of Jonathan? at the April 16 presidential poll.
It is worthy to note that though the Supreme Court on February 4, 2008 declared Yar’Adua winner of the presidential poll after the collation of election from only 13 states of the federation by four out the seven justices on the panel.
The justices that upheld the election included then CJN, Justice Idris Kutigi; Justice Aloysius Katsina-ALu; Justice Niki Tobi and Dahiru Musdapher upheld the election.
The remaining three cancelled it for falling short of the Electoral Act 2006. The justices that annulled the elections are Justice George Oguntade; Maryam Alloma-Muktar and Samuel Onnoghen.
Though the majority was upbraided by critics but it clear departure from the judgment the former CJN, Justice Muhammed Uwais-led seven-man panel unanimously delivered on July 1, 2005 which upheld the 2003 election of Obasanjo, ending a two-year legal battle over the conduct of the poll.
But a wiki leaks cable later showed that Uwais was afraid of Obasanjo’s interference in the judiciary that in 2005, he sought a meeting with the former American Ambassador, Mr. John Campbell, so that ‘’someone knows what is happening were in case something happened’’
On Governor Rotimi Amaechi? for example, the apex court stood its ground.
It recognized him as the legitimate candidate of the PDP for the 2007 polls in Rivers State on October 25, 2007.
Consequently the apex court held that Amaechi and not Celestine Omehia was the governor of the state.
Before the Amaechi’s case, the seven-man Justices led by? Katsina-Alu ordered Andy Uba to immediately vacate Anambra State Government House while Peter obi was re-instated as governor of the state until march 17, 2010.
The Supreme Court held that INEC erred in law by conducting election in Anambra State when Obi has not served his four year term.
Earlier, Obi who stood for election? on? platform of All Progressive Grand Alliance (APGA) had on March 15, 2006 declared by Justice Rabiu Mohammed-led 5-man Court of Appeal Justices sitting in Enugu as the authentic winner of the governorship election held on April 2003. Dr. Chris Ngige who barely had one year to complete his 4-year term then became the first governor to be sacked under the 4th Republic from office through judicial process.
The Enugu Court of Appeal judgment appears to have given much impetus to other appellate court justices when on November 11, 2008, the Court of Appeal sitting in Benin City removed Professor Oserheimen Osunbor and declared Adams Aliyu Oshiomhole winner of the April 14, 2007 governorship election in Edo state.
The five-man appeal panel headed by erstwhile Court of? Appeal president; Justice Umaru Abdullahi unanimously upheld the decision of the election petition tribunal which had ruled on March 20, 2008 that the Action Congress of Nigeria (ACN) and Oshiomhole won the polls in which INEC had declared PDP candidate, Oserheimen.
The PDP governors of Adamawa; Bayelsa; Cross River; Kogi and Sokoto States also lost their April 14, 2007 electoral victories at the appellate court and only regained their mandates by winning re-run elections.
In Bayelsa, Governor Timipre Sylva won the petition at the tribunal, being the court of first instance in election matters but lost at the Appeal Court, which upheld the appeal of Ebitimi Amgbare of the ACN and ordered a re-run. Sylva won the repeat polls.
A similar scenario played out in Sokoto state where governor Aliyu Wamako of the PDP had to win a re-run after Alhaji Maigari Dingyadi of DPP’s? petition was upheld by the Court of Appeal in Kaduna.
Again, the Court of Appeal in Benin City declared Dr. Olusegun Mimiko governorship candidate of the labour party as the winner of the April 2007 election in Ondo State.
In unanimous decision by a panel of five justices led by the Appeal Court president, Justice Umaru Abdullahi, the appellate court upheld the verdict of the Ondo State electoral tribunal that had on July 25, 2008 declared Mimiko, a medical doctor winner in 12 out of 18 local government areas of the state.
The sitting governor, Dr. Olusegun Agagu was sent packing.
However, the 5-man panel of justices led by Justice Clara Ogunbiyi held on November 25, 2010 that the conduct of the election in 10 out 0f the 30 local government areas in Osun State did not meet the minimum requirement of the 2006 Electoral Act and section 179(2) of the 1999 constitution and so annulled the results in those LGAs.
From the 2007 elections, Olagunsoye Oyinlola had a total of 426, 669 votes (253,789) votes from the 10 LGAs and Rauf Aregbesola.
Deducting the annulled votes from each candidate’s total votes, Oyinlola ended up with 172,880 votes and Aregbesola had 198,799 votes.
Ogunbiyi and her colleagues, Mohammed Garba; Paul Galinje; C. C. Nweze and A. Jauro in the unanimous judgement ruled that Aregbesola had more votes cast in the 2007 election and having satisfied the requirements of section 147 (2) of the Electoral Act and section 179 (2) of the 1999 constitution was the validly elected governor of Osun State.
Barely five weeks before the sacking of Oyinlola by the Court of Appeal panel constituted by Salami, the Appeal Court in Ilorin on October 15, 2010 relieved Engr.? Segun Oni as Ekiti State governor.
Their lordships insited that his? opponent and the ACN governorship candidate in the 2007 election, Kayode Fayemi was the winner.
The Salami –led 5-man panel ruling on a legal challenge to a re-run election held in the state a year before annulled? the result of voting in Ido Osi and Ifaki saying these were purported, manufactured and concorted. The 8,000 votes were deducted from the PDP result thus handing over victory to the ACN candidate.
The judges lampooned INEC and police’s handling of the 2007 and 2009 elections in the state.
Despite these lofty? strides recorded by? the judicial pronouncements to mitigate the harrowing experience of some people? in the?? April 2007 elections, there were some interventions at the leadership levels in the system which has set crisis of confidence in the judiciary arm of government.
For instance, the former CJN, Katsina-Alu had on February 18, 2010 directed Salami to put on hold the judgement of Sokoto Court of Apepal which the appellate court had already? set aside a date to deliver? verdict.
That singular action by the CJN and the subsequent removal of Salami to prevent him from presiding over the presidential election petition tribunal and supervision of the tribunals in the states.
The CJN announced during the call to Bar of 2196 new lawyers on October 5, 2011 that members of the Bench and NBA leadership were billed to meet on October 6, 2011.
Besides, all the heads of the courts would meet on October 13, 2011 to discuss the core matter tearing the judiciary apart which was viewed in some quarters to mean Salami’s suspension.
Musdapher also said some stakeholders were scheduled to meet on October 14 as a result of judicial crisis.
The crisis of confidence has to be resolved fast because any verdict passed by even the various election petition tribunals would be greeted by criticisms especially if it goes against the opponents of the PDP.
For instance when the National Assembly elections petition tribunal sitting in Katsina State on September 28, 2011 nullified the elections of? CPC members of state house of assembly, the court’s opinion attracted invective.
Even when the? tribunal identified that? the legislators were not qualified to contest the April 2011 elections? some people were quick to counter that? the Court of Appeal sitting in Abuja had on January 15, 2011 held that they were the legitimate candidates of the CPC for April 2011 elections. So what?
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