"We have examined all the briefs and exhibits for over two weeks and we have agreed that there is no merit in this appeal. The appeal is hereby dismissed and reasons for our decision would be given on a date to be announced.’ Chief Justice of Nigeria Justice Ibrahim Tanko Muhammad,
This is a short piece on how the Nigerian Supreme Court indicted Itself in the PDP vs APC Presidential Election Petition Case and Why I am Withdrawing the two Congratulatory Messages I issued previously.
A few minutes ago, I congratulated President Buhari and Vice President Osinbajo after the decision of the Supreme Court. That message was consistent with what I did when the Presidential Election Tribunal ruled in their favor. Sequel to the decision of the Election Tribunal, I wrote a piece, published here on my Facebook and on my Blog, congratulating the winners and advised Alhaji Atiku Abubakar who I supported to do so.
After a careful perusal of two major events of the last 24 hours, I have come to the realization that what took place as a Supreme Court hearing was nothing but a mockery of the judicial process and a perversion of real justice. Therefore, I changed my mind and hereby do solemnly renounced my two congratulatory messages. Here is my case.
About an hour ago when the Chief Justice of Nigeria handed over his judgment (no pun intended) or the decision of the panel to Nigeria, he stated: "The panel had read all the documents and exhibits filed in the case for two weeks and found the appeal to be lacking in merit." Well said. Reading that, I wrote once again, a congratulatory message to the President-elect and his Vice.
Earlier this morning, the Nigerian media, specifically, the Guardian Newspaper (see the attached story) reported in its headline, "Supreme Court announces 7-man panel to hear Atiku's appeal." According to the Guardian, "Nigeria's Supreme Court has named the seven-man panel constituted to the hear the appeal filed by the Peoples Democratic Party and its presidential candidate Atiku Abubakar." When was the panel constituted? last night. This morning, they handed out their judgment. Give me a break! Justice is not a hide and seeks game.
According to the Guardian, "Listed in the panel is the Chief Justice of Nigeria Justice Ibrahim Tanko Muhammad, Justice Bode Rhodes-Vivour, Justice Olukayode Ariwoola, Justice John Iyang Okoro, Justice Musa Datijo Muhammad, Justice Ejembi Eko, and Justice Uwani Abaji."
If you are still following me, this panel as reported by the Guardian of today October 30, 2019, came to life last night and began to function this morning as legally expected. However, in the decision reached immediately after the panel was convened and seated, the Chief Justice told Nigerians that "The panel had read all the documents and exhibits filed in the case for two weeks and found the appeal to be lacking in merit."
Which panel for crying out loud? The one that was constituted last night? "Read all the documents and exhibit ... for two weeks?" The same panel you announced last night?
Jurisprudence, like conscience, is an opened book. Only truth can hear it. Justice is not a hide and seeks game. Nigerians, all over the world, since the decision of the Election Petition Tribunal and the appeal filed by the PDP Presidential candidate, have been asking and demanding that the panel is constituted, but it fell on deaf ears - presumably - not knowing that the apex court Chief Justice was playing a game with our conscience.
It is about Justice. The issue here is not whether Alhaji Atiku Abubakar was fairly or justifiably treated or not. But the apparent complicity of the Bench. If it is true that you did peruse all the documents and affidavits on file for two weeks as you stated in your one-paragraph decision statement, one would expect that you succinctly enumerate the legal reasons underlying your decision in order to arrest the inquisitive minds of all the doubting Thomases. This is a Presidential election petition. With all due respect, the CJN failed to live up to the demands of justice and fair dealings.
You invited Nigerians to court, allowed the Attorneys to address the court briefly and ready for action. But no, you handed them your already prepared judgment, presumably prepared by the same justices you inaugurated last night when Nigerians were sleeping. And you call that justice?
Nigeria deserves better. This country is bigger than anyone or any political party. I don't want to be a party to gross judicial misconduct and a cover-up. When you refused to talk when you are in the position to talk (announcing the formation of the panel), that amounts to misconduct and cover-up. The CJN was expected to move all the parties along in the appeal and inform them accordingly about the selection and inauguration of the appeal panel. That was never the case here. Therefore, I hereby respectfully rescind my congratulatory messages of this morning as well as the one I issued following the decision of the Presidential Election Tribunal.
Nigeria deserves better. This country is bigger than anyone or any political party. I don't want to be a party to gross judicial misconduct and a cover-up. When you refused to talk when you are in the position to talk (announcing the formation of the panel), that amounts to misconduct and cover-up. The CJN was expected to move all the parties along in the appeal and inform them accordingly about the selection and inauguration of the appeal panel. That was never the case here. Therefore, I hereby respectfully rescind my congratulatory messages of this morning as well as the one I issued following the decision of the Presidential Election Tribunal.
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