A caucus of the Peoples
Democratic Party (PDP) in the house of representatives says Mary Odili,
Slyvester Ngwuta, Bode Rhodes-Vivour and three other senior justices of the
supreme court must be appointed to hear the appeal of Atiku Abubakar.
Atiku, PDP presidential candidate
in the last election, had filed an appeal at the apex court to challenge
President Muhammadu Buhari’s victory at the election petition tribunal.
It is a tradition at the supreme
court for senior justices, including the chief justice of Nigeria, to preside
over presidential election appeals.
Odili, a senior justice, is the
wife of Peter Odili, former Rivers state governor and founding member of the
PDP.
Rhodes-Vivour, another senior
justice, is the father of Gbadebo, who ran for Lagos west senatorial seat on
the platform of the PDP in the last election.
Ngwuta, a senior justice, resumed
duties at the supreme court in September after being prosecuted for alleged
corruption by the Buhari administration.
In a statement signed by Kingsley
Chinda, PDP leader in the house, the caucus said Nigeria has set the precedent
of appointing the most senior justices to hear presidential election appeals
since 1979.
“The hearing of the appeal on the
decision of the Presidential Election Petition filed by Alhaji Abubakar Atiku
and our great party, the People’s Democratic Party, (PDP), begins a few weeks
at the Supreme Court,” it said.
“The practice of selecting
Justices to hear the appeal is expected to precede the hearing, going by
age-long convention. What isn’t conventional is the present attempt to
influence Chief Justice Ibrahim Tanko, going by reports in the media, to
subvert the age-long and time-tested practice, precedent and convention of
selecting the most senior Justices of the Supreme Court to hear the
presidential election appeal.
“Chief Justices of Nigeria
through time have never in the selection of the Supreme Court’s Election
Petition Appeal Panel surrendered to the phoney dictates of the ruling parties.
“We are proud to state here that
never in our great party’s time in power, did it or its personages, dictate
selection of panel members to Chief Justices; NEVER.
“In 2008 when President Buhari,
defeated by late President Umaru Yar’Adua, appealed the decision of the
Presidential Election Petition Tribunal, the then Chief Justice, Legbo Kutigi,
empaneled Justices Katsina-Alu, Aloma Mukhtar, Dahiru Musdapha, Walter Onnoghen,
George Oguntade and Niki Tobi to hear the appeal that year.
“He was never dictated to, nor
was any attempt made by our great party to influence CJN Justice Legbo Kutigi,
who stuck to a conventional practice that consistently secured the seal of
approval of past Chief Justices: CJN Fatai Williams, 1979; CJN George Sowewimo,
1983; and CJN Muhammad Uwais, 2003.
“CJN Katsina-Alu also followed
CJN Kutigi’s steps in 2011 and kept to the age-long conventional practice. If
there is any arm of government that regards precedents and practices as almost
sacrosanct, it is the judiciary. Nigerian Judiciary cannot reverse that
internationally accepted practice of stare decisis just to please A.P.C
government and serve the interest of a select individual or group.
“Selecting the Supreme Court
Panel isn’t about witch-pricking-pricking Justices who suck blood out of
justice isn’t about going outside the order of seniority to select Justices,
witch-prickers, without independent jurisprudential thoughts and whose singular
attribute for selection is that they demonstrate permanent dislike for justice
and passion for doing the bidding of power.
“Surely, selection, Shorn off
pressure and influence of the government and the present ruling party, is about
demonstrating and holding firm to the constitutional powers of the Supreme
Court to conduct its own affairs and not succumb to pervasive power and
corrosive external influences.
“To sidestep precedents and
convention is to provide legitimacy to the ruling party whose stock-in-trade is
ridiculing the judiciary. Chief Justice Ibrahim Tanko must Sticks to precedents
and conventions to preserve the integrity of the courts as the last hope of the
common man and of citizens of our great country.
“We are however, gladdened that
on Monday 14th October, 2019 through its Director, Press and Information, Dr.
Festus Akande, the Supreme Court refuted this intent and reassured the Nigerian
public that it is out to “Serve the interest of the generality of the Nigerian
masses and not select individuals or groups”. We therefore, pray and hope that
the Supreme Court does not allow itself to fall into this gobble trap.
“We wish to state that selection
of Justices to hear the appeal of our great party’s presidential candidate,
Alhaji Abubakar Atiku, must be in accordance with the conventional practice
admitting only of the selection of the first seven most senior Justices of the
Supreme Court: CJN Ibrahim Tanko, Justice Rhodes-Vivour, Justice Mary Odili,
Justice Sylvester Ngwuta, Justice Olukayode Ariwoola, Justice Musa Muhammad and
Justice Kumai Akaahs. NO MORE.”
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