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By Segun Showunmi.
The road any leader chooses to walk in his pursuit of redress, with respect to what could be a clear unsatisfactory handling of issues he is involved in, especially as it concerns the desire to democratically serve the country within the best of his capabilities, must reflect the inner character of the fellow.
Looking back at his conduct before, during and after the disputed 2019 presidential elections, one cannot but attest to the fine and statesmanly character of the Waziri Adamawa, former Vice President of Nigeria, and flagbearer of the Peoples Democratic Party in the 2019 presidential election, HE Atiku Abubakar.
Most men would have betrayed inappropriate emotions and candor unworthy of the high office they desire, particularly with the poor handling of political affairs by the opposition. One only needs to research the books and comments, even from Buhari, against the ruling government, when he claimed he was rigged out, to appreciate Atiku's civil conduct and patriotism. This has shown that it is indeed possible for dignified conduct to be exhibited by African leaders. It speaks volume of why we must, in Nigeria, now reflect on our leadership recruiting models.
The case is now before the authorities known as the presidential election tribunal panel, made up of 5 justices of the court of appeal. I watched very closely the handling of the issues that got thrown up by the lawyers to both Atiku and Buhari and, somehow, I feel optimistic and reasonably happy that with the way the trial has been handled, one can say: so far, so commendable.
I get the angst of the citizens as it concerns a disturbing pattern of messed up tribunal cases. A lot of our citizens and watchers from across the world feel a sense of anxiety as to how the independence of the judiciary will be affirmed and how justice must be done. But I plead with us all to recognize that the principle of justice does not mean any of the parties can always have their way nor does it mean that once judgment does not favour one's position, then justice has not been done.
With profound respect, in my opinion, justice would have been done if the issues before the judges, having been considered on their merit, and against the arguments presented within the law, are reflected in the pronouncements and judgment. Judges must use every available opportunity to deepen the law and jurisprudence, especially in election cases. Our country has only been at it for 20 years, which means, at best, we have had five opportunities to bring the complex issues of leadership selection and legitimization process before a proper organ that is meant to adjudicate and interpret our laws.
For the benefit of the general public, what are the salient issues for determination here?
Issues for Determination
1. Whether the 2nd Respondent (Muhammadu Buhari) was at the time of the election not qualified to contest the election. It is strange that the very knowledgeable and well certificated Wole Olanipekun can, with profound respect, interpret Section 131 of the Nigerian Constitution to mean that there is no requirement to present any form of evidence, by way of certificate, to be qualified to run for the office of President or any other office at that. It is like saying that there is indeed no minimum requirement. The view of the court on this will have far reaching consequences going forward.
2. Whether the 2nd Respondent (Muhammadu Buhari) submitted to the 1st Respondent (INEC) affidavits containing false information of a fundamental nature to boost his qualification for the said election. What will be the thinking behind telling lies and making false information of a fundamental nature, not just in the case of elections, but really in all cases, and under all circumstances? Affidavits are by their nature deposited under oath to enforce their justiciability. How this is decided will speak loudly into the future.
3. Whether from the pleadings and evidence, it was established that the 2nd Respondent (Muhammadu Buhari) was elected by majority of lawful votes cast at the election. On this, the greater issue for me is how exactly we hope to improve the entire election process and what ought to be the role of a supposed independent umpire in the election process. We must be able to transparently win and lose elections, knowing well that the umpire has not taken sides nor done anything to jeopardise the right of the people to freely pick their leaders. What is democracy if not the right of the citizens to carry out this sacred civic responsibility?
4. Whether the Presidential election conducted by the 1st Respondent (INEC) on the 23rd February 2019 was invalid by reasons of corrupt practices. This speaks for itself and needs no further rehash; when INEC trains its personnel to carry out functions based on its training manuals and in line with the electoral acts and the Constitution of the Federal Republic of Nigeria, it is expected that they comply, not only with the letter but also with the principle of the intention. And this, really, is to cause to happen, a free, fair, credible, transparent and acceptable election. It will be telling how the court will weigh in on this.
5. Whether the presidential election conducted by the 1st Respondent (INEC) on the 23rd February 2019 was invalid by reasons of non compliance with the Electoral Act 2010 (as amended); the electoral guidelines 2019; and the manuals issued for the conduct of the elections.
These are the issues before the Presidential Election Petition Tribunal.
It can never be the duty of everyone in a society to fully grasp all the issues easily at first so we must, of a necessity, ask those that are better educated and informed to carry out their oversight responsibilities to the state by ensuring that interest is sustained in the matter of the presidential election and the potential fallout from the opinion of the judges.
I wonder how we can, in all seriousness, allocate the same number of days for a councilor to prove his case, the same for a House of Representatives candidate, a governorship candidate, and also go on to allocate the same number of days to a presidential candidate, not minding the total number of polling units under contention, the number of local governments, the volume of documents and the number of agents and witnesses that may be required.
Indeed, the way the presidential election tribunal panel rules in this case will have a far reaching impact on election jurisprudence in our country Nigeria, going forward, and we have Atiku Abubakar to thank for going all the way to test the laws of our great country on election.
By Tai Emeka Obasi.
When Chief Wole Olanipekun, SAN called his first witness and got him affirmed, I noticed a counsel full of confidence.
But the Tribunal wouldn't have been so much fun if the second Respondents' lead counsel wasn't involved. He was arguably the chief dramatist in court. Even when it appeared very clear he was clutching thin air, he made it look like he was holding a tiger by the tail.
But before we got to the stage of RW1, Olanipekun, leading other Senior Advocates of Nigeria, including Yusuf Ali, Dr. Alex Inziyon, A. B. Mahmoud, Prof Taiwo Osipitan, Femi Atoyebi, Mike Igbokwe, Osaro Eghobamien, Ken Mozia, Day Akinlaja, Chief Olusola Oke, Nnamonso Ekanem, Akin Osinbajo, Stephen Zakari Adehi, Bode Olanipekun and many more non-yet senior advocates, established from the off the crux of their defense.
Whether the lead counsel was the one cross-examining or whether he passed the buck to Dr. Alex Inziyon, all the 62 witnesses called by the Petitioners were asked if they had heard President Muhammadu Buhari address the nation in English Language.
So, there were no pretences about it, Buhari's certificate saga was the real elephant in the room. But knowing that the issue wasn't really if Buhari was qualified academically or not but rather the claims of his qualification, which the president made under oath could not be substantiated by the man who occupies Aso Rock as Nigeria's number one citizen, I wondered what game Olanipekun and Co were up to.
Even the other members of the 'Allied Forces'(Chief Lateef Fagbemi, SAN coined this in court), the first and third Respondents complimented in asking all the Petitioners' witnesses if they had heard Buhari address the nation in English Language.
Could they not be aware what the allegations against their client were regarding his certificate claims? Considering how high the stakes were and the professional level of the personalities involved in this mother of all election defences, there wasn't such possibility.
The Nigerian judiciary is full of hawks and when it comes to the department of election petition tribunals, the hawks wear iron claws. The Respondents knew exactly what was at stake but were clearly using diversionary tactic, apparently hoping that the Petitioners would make a blunder that would lead to a safety net.
But in this very tight situation that was akin to poker games, the defense team blinked first.
Truth be told, the blunder didn't come from Olanipekun. He had already presented his witness, made him identify Buhari from a group photograph way back in 1961 of the graduating students of Katsina Provincial School. This was to prove to the court that the president went to secondary school. Even though Dr. Livy Uzoukwu would later make mockery of the fact that Buhari could preserve a group photograph taken over 58 years ago but couldn't preserve the certificate that came out of it, it was the first Respondents' lead counsel that opened the barn door.
Retired Major General Paul Tarfa as RW1 had affirmed and evidently convinced the court that he was Buhari's classmate at the Katsina Provincial School and that they were admitted into the Army on same day in 1962.
But to affirm that the Army took their certificates on admission, Yunus Usman, SAN asked that mother of all questions and got the mother of all answers as Dr. Uzoukwu put it during presentation of final addresses.
General Tarfa, under oath, told the court that the Army never collected their certificates, thereby confirming what the Army earlier responded. And most gravely affirmed, even if unwittingly, that the president of about 200 million people lied under oath!
From that very moment, any keen observer would have noticed Olanipekun's confidence had been deeply punctured. He had a very bad case to defend from the off but his own witness, Buhari's boyhood friend, had just made it far worse.
Attempts to recover from that upper cut never panned out any better. The WAEC deputy registrar on same day as RW2 couldn't affirm that what he presented was a certificate. Instead he told the court it was an attestation. And worse, bearing the first name of Mohamed instead of Muhammadu.
It was a terrible day for Olanipekun and after two further witnesses couldn't lift the clearly dampened spirit, he called for adjournment, despite having couple of hours left for the day and having a bus full of his witnesses waiting within the court premises.
He got his adjournment. And even a neophyte in court that day knew the election petition veteran needed to work on his witnesses to avoid further embarrassment.
The following day, he kicked off with Abba Kyari, the president's all-powerful Chief of Staff. The Buhari team needed to return confidence and who else but the man believed to be the unseen hand running Buhari's government?
The CoS started well until Dr. Uzoukwu took over. Even then the Petitioners' lead counsel appeared harmless with his routine questions from the start. But towards the end when he asked the witness if he knew that he already deposed under oath that Buhari had the certificates sometime in April before he journeyed to Cambridge to get the 'certificate' just 12 days before he appeared in the witness box, the CoS's sudden silence couriered the gravity of his claims had sunk in. The fact that he was sent to Cambridge by a man with first name Muhammadu to collect his certificate and he came back with an attestation bearing Mohamed was another matter on its own.
By the time the CoS left the witness box, it must have been clear to him that he put his boss in a bigger hole instead of adding anything meaningful to bring him out of the one he was.
Two more further witnesses, RW6 and RW7 didn't fare any better that Olanipekun hurriedly closed his case. And Chief Fagbemi followed suit immediately.
I waited to see Olanipekun's final address to know what magic he would weave to save his client's neck from the hangman. And after watching him in court 'vibrating and gyrating' in his known dramatis, he evidently fell short of making a terrible case look good.
Instead it was the Petitioners' lead counsel that drove the dagger deeper with his closing remarks -
No Original Certificates...
No CTC of certificates...
No photocopy of Certificates...
No photograph of Certificates...
No electronic copy of Certificates...
Nothing because no certificate existed in the first place.
The ball is right now in the court of the five Tribunal justices.
But certainly if Olanipekun was a betting man, he'd not put a dime on his winning this one. He certainly has had miracles happen in many of his past election petition cases but this particular case will evidently require more than walking on water to add it to his list of conquests.
Keep following and sharing as...
#HistoryBeckons.
Foreign Minister and Vice Chancellor
Federal Republic of Germany
Federal Foreign Office
Street address:
Werderscher Markt 1
10117 Berlin
Postal address:
Federal Foreign Office
11013 Berlin
August 20, 2019
To
Alhaji Muhammadu Buhari
President of Nigeria
Aso Rock,
Abuja FCT, Abuja, Nigeria.
Dear Alhaji,
SUBJECT: Request for prosecution of Nigerian political demonstrators in Nuremberg.
I find it extremely provocative and unusually undiplomatic when a government that has created the conditions that exiled her citizens demand the same people's prosecution by the host country for demanding justice and justice from its government officials.
Germany is a democratic country that grants asylum to refugees from all over the world. Freedom of association and the right to political protest are the right of all persons resident in Germany.
I, Heiko Maas, have been doused by my voters with rotten eggs and tomatoes. It comes with the office. No protester was shot dead, imprisoned, killed or deported.
Every day, my ambassador to Nigeria, Bernhard Schlagheck informs me of the atrocities Fulani terrorist Herdsmen commits against unarmed, innocent Nigerians as part of an ethnic cleansing program and eventual rug- nization of Nigeria. These atrocities include abductions, rape, torture, mutilation, slaughter and evisceration. Obviously, the demonstrators have enough of these.
The German Government will respond to your request to prosecute the demonstrators who have requested their representative to do his work in Nigeria as soon as you have your Fulani terrorists detained.
If Senator Ike Ekweremadu has not slept at the workplace and performed his duties as a representative of his constituents, his constituents would have eaten yam in Nigeria and not eat yam in Germany. Yam roots do not grow in Germany. Creating a suitable environment in Nigeria wouldn't lead to a brain drain and that would significantly accelerate development in Nigeria.
If my ambassador in Nigeria confirms that the Fulani terrorists have been appeased, I am glad to advise the Nigerians in Germany to politely treat Nigeria dignitaries. Therefore, political protest is not a criminal offense in Germany.
Yours sincerely,
Heiko Maas.
Foreign Minister and Vice Chancellor of the
Federal Republic of Germany
ENGLISH TRANSLATION
The Case that was determined today by the Justice Dattijio Mohammed led five man panel of the Supreme Court, was an appeal filed by the PDP and Atiku/Obi on a ruling of the Presidential Election Petition Tribunal concerning an application made by the APC to withdraw one of the replies made to the Petitioners’ Petition.
The APC had erroneously made two replies to one of PDP and Atiku/Obi’s petitions but later came to the court room and apply to withdraw the very reply the PDP and Atiku/Obi had replied to, thereby adopting the one not replied to.
This request was later granted by the Presidential Election Petition Tribunal and the PDP and Atiku/Obi had gone to the Supreme Court, seeking the leave of court to grant the party fair hearing.
Note
Please note that the main petition is still before the Presidential Election Petition Tribunal and the adoption of the final written addresses by various parties will take place on Wednesday, August 21, 2019 at the Court of Appeal, Abuja, Venue of the Presidential Election Petition Tribunal.
Important Information
It is also important for the general public to note that the PDP and Atiku/Obi have already done justice to ALL the replies made to their Petitions by the 1st Respondent, (INEC), 2nd Respondent (Muhammadu Buhari) and the 3rd Respondent (The All Progressives Congress), in their final writtnen address.
The Issues for Determination
1. Whether the 2nd Respondent (Muhammadu Buhari) was at the time of the election not qualified to contest the election.
2. Whether the 2nd Respondent (Muhammadu Buhari) submitted to the 1st Respondent (INEC) affidavits containing false information of a fundamental nature in aid of his qualification for the said election.
3. Whether from the pleadings and evidence led it was established that the 2nd Respondent (Muhammadu Buhari) was elected by majority of lawful votes cast at the election.
4. Whether the Presidential election conducted by the 1st Respondent (INEC) on the 23rd February 2019 was invalid by reasons of corrupt practices.
5. Whether the presidential election conducted by the 1st Respondent (INEC) on the 23rd February 2019 was invalid by reasons of non compliance with the electoral act 2010 (as amended) and the electoral guidelines 2019 and the manuals issued for the conduct of the elections.
*These are the issues before the Presidential Election Petition Tribunal. *
It’s time to #RescueNigeria
The Chief of Staff (CoS) to President Muhammadu Buhari is trouble for procuring fake Cambridge statement of result in aid of his boss’s defense at the Presidential Election Petition Tribunal.
One patriotic Lawyer, Mr. Kalu Kalu Agu, Esq., after series of investigations at the prestigious Cambridge university in the United Kingdom, discovered that the said statement of result was fake and has petitioned Mr. Abba Kyari to the Metropolitan Police. The letter with Ref N0; Nr VE261478815GB was received and signed for by T.GAMBLE Esq of the Metropolitan Police at 8.52 am on Friday,16-08-2019
Mr. Abba Kyari, in his desperation to support his boss, employed the services of black marketeers (aka Oluwole), to procure the said fake statement of result (as attached), which was presented to the Presidential Election Petition Tribunal by the lead counsel to the 2nd Respondent, Chief Wole Olanipekun.
During cross examination at the trial, Mr. Kyari confirmed to the court that he personally signed and collected the said fake statement of result on behalf of his boss, President Muhammadu Buhari on the 18th of July 2019, after the conclusion of the Presidential Election on February 23, 2019.
He also confirmed to the court that the purported Cambridge assessment international education certified statement of result was not listed on President Buhari’s Curriculum Vitae he submitted to the 1st Respondent, INEC before the election.
Recall that this same fake Cambridge assessment statement of result was presented to the WAEC Deputy Registrar, Dr. Adewumi, who was Subpoenaed to testify for President Buhari at the Presidential Tribunal, Mr. Adewumi informed the court that he does not recognize the statement of result, even though on the paper, it reads that it was done in collaboration with WASC.
Asked by the Petitioners’s counsel if the statement of result is in tandem with WAEC? He responded that he does not know how and where the document emanated from. That his signature is not on the document and that the document does not carry WAEC authorization.
We are almost there
It’s time to #RescueNigeria
Briefing newsmen in Enugu, the forum spokesman Comr Akpa Francis who is also the President of Awgu Youths Alliance described such act as unacceptable and uncivilized.
"We the youths of Awgu under the aegis of Awgu youths forum has condemned the attack on our father and leader Sen Ike Ekweremadu, we demand an immediate apology from IPOB, they should know that Ikeoha stands as the voice of Igbo race, the only man who always stand for the progress of Igbo race especially the common man, he deserve our total support and not condemnation, any assault on Ikeoha is an assault to Igbo race" we urge our state Governors and leaders irrespective of position to make an urgent address to this issue " he said.
At same note, the convener of Awgu Youths Platforms & Ike Ekweremadu Social Group. Hon. Izunna Romeo Umeokeke ( General Ologbojo) also condemned the attack on Sen Ike Ekweremadu, he described Ikeoha as a great leader and a blessing to Igbo race who has done so well to Ndi Igbo and still doing, he further called on the Ohaneze, IPOB and other Igbo leaders to take Immediate and necessary actions to address such act.
Another stakeholder of the forum, a grassroot politician and youths activist Hon Nnaemeka Akachukwu ( General Ikpongo )while briefing newsmen also condemned the attack on immediate past Deputy Senate President Sent. Prof Ike Ekweremadu by IPOB members in Germany.
"If other leaders in south east has done quarter of what Ikeoha has done to developed Igbo race and empower the youths I am very sure that by now south east will be the best geo political zone in Nigeria, this is man who always stand for his people no matter the situation, he deserve to be treated like a father he is, I urge traditional rulers and leaders of Igbo race to condemn this act and demand apology from perpetrators.
President Muhammadu Buhari and his All Progressives Congress (APC) have asked the Presidential Election Petition Tribunal to expunge from its records over 28,000 result sheets of the February 23, 2019 election in 10 states tendered by the Peoples Democratic Party and its candidate, Alhaji Atiku Abubakar.
They also urged the Justice Mohammed Garba-led tribunal of five judges to reject the testimony of the petitioners ’ 40th, 59th and 60th witnesses.
Atiku's spokesperson, Mr Segun Showunmi, was the 40th witness; David Njorga from Kenya, who was described by the petitioners as their “ expert witness, ” was the PW 59; while Joseph Gbenga, a data analyst was the PW 60.
Buhari and his party also asked the tribunal to reject a separate set of 33 documents, which included the Certified True Copies of Form CF 001 (personal particulars) submitted by Buhari to the Independent National Electoral Commission (INEC) as the presidential candidate of his party, other INEC documents and some newspaper reports.
Among the 28,428 documents, whose admissibility was being challenged by Buhari and the APC, are 28,395 certified true copies of polling unit, local government, ward and state result sheets of 10 states.
The states are Yobe (1,732 result sheets), Kebbi (2,106), Borno (3,472), Kano (5, 806), Bauchi (3,599), Katsina (3,378), Jigawa (3,162), Kaduna (3,335 A), Zamfara (eight) and Niger (1,797).
Buhari and the APC prayers, urging the tribunal not to act on the documents , are contained in their separate objections to the admissibility of the petitioners’ documents earlier admitted conditionally as exhibits by the tribunal.
Copies of the filings by the 2nd and 3rd respondents (Buhari and APC) obtained by The PUNCH on Tuesday were filed alongside their separate final addresses in which they urged the tribunal to dismiss Atiku’s petition against Buhari for lacking in merit.
The tribunal had fixed August 21 for parties to present their closing arguments in respect of the petition challenging the victory of Buhari and the APC at the February 23, 2019 poll.
APC’s lawyer, Lateef Fagbemi (SAN), urged the tribunal to “ expunge ” the documents from the record of proceedings on the grounds that they were “ wrongly admitted in evidence ” when they “ are legally inadmissible.”
He contended that while some of them “ are documentary hearsay evidence that should not have been admitted by the honourable court in the first place , ” others were inadmissible on the grounds that they were tendered from the bar despite being disputed by the APC.
On the evidence of the petitioners ’ witnesses numbers 40, 59 and 60, Buhari’s lawyer, Chief Wole Olanipekun (SAN), said their testimonies were in violation of the March 6, 2019 order of the tribunal, which dismissed the petitioners ’ request to be granted access to an alleged server in which they claimed INEC stored the authentic results of the last presidential election.
Showunmi (PW 40) had tendered some video evidence to prove the petitioners’ case of the existence of the server.
Njorga (PW 59) also gave evidence and tendered his report on the existence of the said server, while Gbenga (PW 60) also gave evidence and tendered his report of the analysis of the results of the election in 11 states.
Olanipekun faulted the emerged evidence of the witnesses which he argued “ in express violation of a subsisting order of court, same germinates in stark abuse of the process of this honourable court .”
Thanks.
Pls Let Them Know That
SURELY ATIKU IS COMING
~~Com. Usman Abdulgafar
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