Panel members unknown as S/Court fixes Atiku’s appeal against Buhari for Wednesday
The Supreme Court has fixed Wednesday, October 30, to hear the appeal of the Peoples Democratic Party (PDP), its presidential candidate Atiku Abubakar and his running mate, Peter Obi, challenging the judgment of the Presidential Election Petitions Tribunal. The tribunal had on September 11 dismissed Atiku and PDP’s petition for not being proved, and returned […]
The Supreme Court has fixed Wednesday, October 30, to hear the appeal of the Peoples Democratic Party (PDP), its presidential candidate Atiku Abubakar and his running mate, Peter Obi, challenging the judgment of the Presidential Election Petitions Tribunal.
The tribunal had on September 11 dismissed Atiku and PDP’s petition for not being proved, and returned President Muhammadu Buhari and the All Progressives Congress (APC) as winners of the February 23 presidential election.
The Director of Information of the Supreme Court, Dr Festus Akande, yesterday confirmed to Daily Trust that Wednesday has been fixed for the appeal.
He however did not name members of the panel, which have become a subject of controversy between the apex court and the Coalition of United Progressives Party (CUPP).
Following demand for use of order of seniority in the panel to hear the petition, the apex court had in a statement signed by Akande insisted that constituting the panel “is the sole prerogative of the Supreme Court and it is never an issue for the court to debate on television or pages of newspapers.”
The seven most senior justices of the Supreme Court are: the Chief Justice of Nigeria (CJN), Justice Tanko Muhammad; Justices Bode Rhodes-Vivour, Mary Odili, Sylvester Ngwuta, Olukayode Ariyo, Musa Datijo Muhammad and Kumai Bayang Akaahs.
Senior lawyer and public affairs analyst, E.M.D. Umukoro Esq said it is not compulsory that the CJN must follow the pattern of seniority already set in previous presidential election proceedings.
“What happens is that heads of courts usually want to be part of such panel, and constitutionally, the CJN has the powers to appoint members, he said.
In the 66 grounds of appeal, Atiku and PDP are contending that the five-member tribunal chaired by Justice Mohammed Garba erred in law in its judgement of September 11 when it held that the claim of the existence of a server was not proved during the hearing.
Atiku and PDP also contended that the tribunal erred in law when it held that President Buhari’s WAEC and Cambridge certificates (R1 to R26, P85 and P86) were properly admitted in evidence, and that the candidate is not required “to attach his certificates to FORM CF001 before the candidate can be considered or adjudged to have the requisite educational qualifications to contest election.”
Meanwhile, CUPP has said that it will reject the composition of the panel to hear the appeal, if it did not follow the seniority of the judges at apex court.
CUPP spokesperson Ikenga Imo Ugochinyere said in Owerri yesterday that such composition would negate the rights of the opposition in the appeal against the election of President Buhari in the February 23 presidential election.
Ugochinyere said that the CUPP raised the alarm that the alleged plan to compose a panel in violation of order of seniority is still alive, threatening that the coalition will not have confidence on any panel constituted in violation of order of seniority.
He said, “The CUPP therefore calls on well-meaning Nigerians and lovers of democracy to prevail on the Supreme Court to do the needful on this matter before it is too late by ensuring that the integrity and public confidence in the Apex court is not destroyed.
“We are also reiterating our earlier call on the apex court to resist any pressure aimed at forcing it to jettison the age-long practice of constituting the panel based on seniority. We shall declare a total lack of confidence in any panel constituted in violation of the age-long order of seniority,” he said.