- How Atiku, Obi Lawyers Bungled Their Cases-SAN
- PDP, LP, Others Kick Against Judgement
- Keyamo, Wike, Abbas, Omo-Agege Others Hail Judgement
In a unanimous decision on Thursday, October 26, 2023, the Supreme Court upheld President Bola Tinubu’s victory in the February 25, 2023, presidential election putting an end to all litigations against the presidency of the All-Progressives Congress (APC) candidate at the election.
In so doing, the Apex Court threw out all the appeals filed by the candidates of the Peoples Democratic Party, Atiku Abubakar and his Labour Party’s counterpart, Peter Obi for lacking in merit.
Reacting to the judgment, Tinubu in a personally signed statement titled “It Is Time For Us To Build Our Great Nation Together” said the nation’s judiciary has never been shaken.
The President said the judgment has laid to rest the agitations trailing the outcome of the keenly contested poll that put him ahead of Atiku and Obi respectively while extending a hand of fellowship to his opponents.
Hear him; “I welcome the verdict of the Justice John I. Okoro-led Panel of the Supreme Court on the Presidential Election petitions filed by the candidates of the Peoples Democratic Party and the Labour Party, challenging the ruling of the Presidential Election Petition Tribunal.
The court has done justice to all issues put up for consideration in the petitions on the merits of the law, without fear or favour.
There is no doubt, with the profound judgment of today, that our electoral jurisprudence and constitutional democracy are further consolidated and embedded more indelibly in our national identity because of the diligence and undaunted professionalism of the Honourable Justices who presided over the matter.
While the verdict of today has laid to rest the agitating discourse over who truly won the 2023 Presidential election and met the constitutional requirements as laid out by law, I want to reiterate that my faith in our nation’s judiciary has never been shaken, not even for a moment, because I know that our hallowed courts of law will not fail to administer justice to all Nigerians in all matters and at all times. Despite the fusillade of pressure and attempts at intimidation by some political actors, the judiciary demonstrated its unequivocal commitment to upholding the rule of law for the upliftment and defense of humanity.
It was affirmed once more today, that my party, the governing All Progressives’ Congress, had freely and fairly won the popular mandate of Nigerians, which has since given rise to my leadership of this great nation at a tumultuous period of unprecedented reforms in our history as a nation.
With deep gratitude to God Almighty, I solemnly and humbly accept today’s judicial victory with an intense sense of responsibility and a burning desire to meet the great challenges confronting our people.
The victory of today has further energised and strengthened my commitment to continue to serve all Nigerians of all political persuasions, tribes, and faiths, with honour and total respect for the diverse opinions and uniting values of our citizens.
Our Renewed Hope agenda for a greater and prosperous Nigeria has further gained momentum and I will continue to work from morning to night, every single day, to build a country that meets our collective yearnings and aspirations.
We are all members of one household, and this moment demands that we continue to work and build our country together. The strength of our diversity and the great citizenship that binds us must now compel us forward in directing the energy of our people towards building a virile, stronger, united, and more prosperous country.
In the days and months ahead, I trust that the spirit of patriotism will be elevated into supporting our administration to improve the living conditions of Nigerians. I am prepared to welcome the contributions of all Nigerians to foster and strengthen our collective progress.
I send my immense gratitude to all Nigerians for the mandate to serve our country. I promise again to meet and exceed your expectations in service delivery and good governance, working with my team and trusting in the grace of God.
May God continue to bless the Federal Republic of Nigeria” he disclosed.
Meanwhile, a Senior Advocate of Nigeria (SAN), Robert Clarke, has accused the lawyers of Atiku Abubakar and Peter Obi for not demonstrating any professionalism in the legal field in challenging President Bola Tinubu’s victory in the 2023 election.
Commenting on the ruling of the apex court, Clarke said there was a lack of due diligence in the appeals, pointing out that the legal representation of Atiku and Obi could have done better.
The senior lawyer said he would not even permit a junior member of his chamber to bring such a brief before the Supreme Court.
“Where the law is not allowed to put its heads up in a proceeding, it means that there is another law which prohibits their lawyers to have brought such. They know it, they still decided — either to please their supporters and allow such a matter to come before the Supreme Court,” he said.
“I will not allow any junior in my chambers, even one or two years old, to carry such a brief to go and argue in court when I have looked into all the facts and the facts are very clear. There is a limitation of time in election matters. You cannot do certain things.”
Clarke said Obi and Atiku’s lawyers had the chance to present their evidence at a lower court but they did not.
“They had the opportunity as a pre-election matter but they never brought it up. They had the opportunity as a matter within a tribunal’s case but they never brought it. They are now coming and bringing matters that should have been argued in the lower tribunal and the Supreme Court will now be reviewing such evidence as an appellate matter and not as an original jurisdictional matter.”
“I am not blaming the lawyers; that is the last thing I would do, but I am sorry to say that the lawyers, with due respect to them, should have done a better job in this regard.
“As the Supreme Court said, if you have facts that were available before the trial started and you did not bring them into the trial court…Therefore, if you intend to use any evidence in the Supreme Court, you must have ensured that such evidence must have passed through the original jurisdiction of the lower court,” he said.
However, the two main opposition parties, the PDP and LP have both kicked against the judgment of the apex court.
While the PDP said the judgment shattered Nigerians’ hope in the judiciary, the Labour Party said the Executive has hijacked the judiciary.
PDP in a statement from its spokesman Debo Ologunagba described the judgement as disappointing and concerning while affirming that the Apex Court has failed Nigerians.
“The Peoples Democratic Party (PDP) is appalled by the judgment of the Supreme Court in the petition filed by the PDP and Presidential Candidate, Atiku Abubakar against the declaration of the All Progressives Congress (APC) and Bola Ahmed Tinubu as winners of the February 25, 2023 Presidential election by the Independent National Electoral Commission (INEC).
The PDP and indeed the majority of Nigerians are alarmed, disappointed and gravely concerned with the reasoning of the Supreme Court which the PDP believes is against the express provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the Electoral Act, 2022, the Guideline and Regulation issued by INEC under which the election was conducted.
The PDP asserts that it is indeed a sad commentary for our democracy that the Supreme Court failed to uphold the provisions of the law. Instead, it trashed the expectation of the majority of Nigerians who looked up to it as a Temple of Impartiality to deliver substantial justice in the matter having regard to the laws and facts of the case.
Nigerians earnestly expected the Supreme Court to uphold and defend the clear provisions of the 1999 Constitution in terms of qualification and minimum requirement for a winner to be declared in a Presidential election in Nigeria, especially with regards to the required statutory 25% of votes in the FCT as well as issues of violation of electoral Rules and Guidelines, brazen manipulations and alterations of election results by the APC.
Nigerians are still at a loss as to how the Supreme Court condoned the serious issues of forgery, falsehood and perjury on the altar of technicalities.
The general gloom, melancholy and sense of despondency across the country upon the delivery of the judgment is an ominous sign of an eerie situation which portends grave consequences because of the disappointment embedded in the judgment.
This judgment by the Supreme Court has evidently shaken the confidence of Nigerians in the judiciary, especially the Supreme Court as the last hope of the common man.
The PDP remains undeterred and charges Nigerians not to be discouraged or allow the judgment to detract from their collective quest for the entrenchment of a credible electoral system that can guarantee a government that truly derives its legitimacy from the people” the statement said.
On its part, the LP in a Press Conference shortly after the judgement by the Apex court lamented that the country was dithering towards dictatorship.
Chairman of LP, Julius Abure disclosed that the party was disappointed but has decided to charge on and remain optimistic about what the future holds for the nation.
“We are indeed very shocked and surprised that even the apex court will toe the line of an earlier judgement despite all the flaws associated with the judgement delivered by the Presidential Election Appeal Tribunal.
“Having conclusively exercised our fundamental rights as gifted to us by the laws of the land, we have no other choice but to move on. We may be disappointed and dismayed by the outcome of the exercise but we have chosen to trudge on and to remain optimistic of what the future holds for the nation.
“We weep for our institutions that cannot rise to the occasion and courageously defend democracy and the voices of our people.
“However, there are great lessons to be learnt. What transpired in Nigeria since the February 25 presidential election is a clear testament that our institutions are not working and that we may be sliding towards dictatorship. It is very clear that the executive has hijacked both the judiciary and the legislature. This is so unfortunate for our democracy and it is even more for the people of Nigeria.
“All that our forebearers taught us has been destroyed within a short space of time because of the unbridled ambition of a few. The founding fathers fought with their lives to achieve independence for the country.
“People lost their lives in the struggle to keep our democracy and all these years people have been struggling to achieve electoral and constitutional reforms. Regrettably, all of these efforts and struggles have been destroyed today.’’
The Labour Party chairman also alleged that some leaders of the party including himself and Obi have been marked by the government for vilification to suppress the party and its goal for a new Nigeria.
He called on the international community to rise to the occasion to defend democracy in Nigeria.
He said, “Your voices were loud and clear in condemnation of the outcome of the presidential election. As we approach the next stage of our democratic journey, we call on you to stand by the millions of Nigerians who are already pushed beyond their limits into unnecessary hardship and penury.’’
He also urged Nigerians not to lose hope in the country, adding that “we are hopeful that we will get to our destination someday because where there is a will, certainly, there will be a way. A new Nigeria is still possible.”
While the aggrieved are venting, those in the camp of the president have appealed to them to accept the verdict.
Those who have appealed to the losing side include the Speaker of the House of Representatives Tajudeen Abbas, Minister of the Federal Capital Territory, Nyesom Wike, Minister of Aviation, Festus Keyamo and former Deputy Senate President, Ovie Omo-Agege.
Omo-Agege said Alhaji Atiku Abubakar and Mr Peter Obi improved the electoral process and enriched Nigeria’s jurisprudence through their democratic litigations.
With the Supreme Court having affirmed the legitimacy of the Tinubu presidency, he urged all Nigerians, especially politicians, to get down to rebuilding Nigeria.
“What the Supreme Court did was not just to affirm the validity of President Bola Tinubu’s mandate; [it is] a call to duty. The learned justices saved Nigeria from unnecessary and prolonged distractions by promptly giving their verdict so that we can get down to the task of rebuilding our country.
“Whatever each of the protagonists may feel, this is not a victory for President Tinubu alone or any political party. This is an admonition for us to collectively work towards fixing Nigeria again,” Omo-Agege said.
On his part, Abbas said the judgement in favour of President Bola Tinubu was expected while consoling Atiku and Obi to take heart.
He said, shortly after congratulating the president, “To God be the glory. It is not something unexpected; it is something that we have been waiting for. We know ultimately that what we heard today is what is going to be said, but given the fact that it has come at these early hours, we have nothing to say but to say thank God for Nigeria. Thank God for all the good people of Nigeria who prayed for this particular day for this historic victory.
“I think this time around, after this pronouncement, we have no excuse but to go back to business as usual, to go back and reset our agenda and see what we can be able to do for the people of Nigeria for the next three and a half or four years”.
Consoling the opposition, he said, “They should take heart there is always one victor at a time; this is Asiwaju’s time, they should all take heart, come and join hands with him. So that we move Nigeria to a greater level.”
