Politics
Buhari Vs Atiku: Reps Move For Rhodes-Vivour, Odili, Ngwuta, Others To Preside Over Suit
The House of Representative caucus of the opposition Peoples Democratic Party PDP has moved for the appointment of Justices Ibrahim Tanko, Rhodes-Vivour, Mary Odili, Sylvester Ngwata, Olukayode Ariwoola, Musa Mohammed and Kumai Akaahs to hear and determine the appeal filed by the PDP Presidential candidate, Atiku Abubakar challenging the judgement of the Presidential Election Petition Tribunal declaring President Muhammadu Buhari as the winner of the 2019 Presidential election.
The PDP caucus accused the leadership of the Supreme Court of allegedly trying to undermine principle of seniority in the selection of the panel of Justices that would preside over the appeal suit.
The caucus stressed that the Chief Justice must resist pressure from the presidency to appoint Justice that would favour the APC candidate.
The PDP factional caucus made this known in a press statement jointly signed by the Hon. Kingsley Chinda (PDP Caucus Leader),Hon. Chukwuma Onyema(deputy leader), Hon. Umar Barde (Caucus Whip) and Hon. Muraina Ajibola (deputy caucus whip).
The statement reads in part “the hearing of the appeal on the decision of the Presidential Election Petition filed by Alhaji Abubakar Atiku against President Buhari and our great party, the Peoples Democratic Party, (PDP), begins a few weeks at the Supreme Court.
“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”.
The PDP representatives noted that the PDP has never in anytime dictated to the Supreme Court who to appoint on such matters.
“we are proud to state here that never in our great party’s time in power, did it or its personages, dictate the 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, empanelled Justices Katsina-Alu, Aloma Mukhtar, Dahiru Mustapha, 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,” the PDP cacus said.
The caucus further gave instances of the precedent established by the opposition party while in power.
The caucus said “CJN Katsina-Alu also followed CJN Kutigi’s steps in 2011 and kept to the age-long conventional practice. If there is an 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 the Buhari 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 the 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”.
They described the APC interference in the selection of Justices to hear and determine the suit as Infringement on the principle of separation of power. Adding that the leadership of the apex court must withstand such illegitimate interference from the presidency.
They said “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 Stick 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.”
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