SUPREME COURT RESERVES ATIKU, BUHARI'S CASE

...Votes were assigned, Buhari Insist

...Heavens Won't Fall If Election Is Nullified

The Supreme Court on Thursday concluded its sitting on the appeals filed by two presidential candidates in the 2007 presidential elections – Maj.-Gen. Muhammadu Buhari and Alhaji Atiku Abubakar — against the affirmation of the election of President Umaru Yar'Adua by the Presidential Election Petition Tribunal.

A full-panel of the Supreme Court presided over by the Chief Justice of Nigeria, Justice Idris Kutigi, told the lawyers in the appeals that judgment date would be communicated to them.

Buhari was the candidate of the All Nigeria Peoples Party while Abubakar ran for the presidency on the platform of the Action Congress.

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The two leaders had asked the Supreme Court to upturn the decision by the tribunal and order a fresh poll.

All the parties in the appeals adopted their briefs of arguments on Tuesday. The briefs contained all the issues they wanted the apex court to address on the disputed election.

Abubakar, a former vice-president, in his brief of argument prepared by Chief Emeka Ngige (SAN), said that heavens would not fall if Yar'Adua's election was nullified.

He also asked the Supreme Court to order that the Independent National Electoral Commission under the leadership of Prof. Maurice Iwu should not conduct the re-run election he demanded for.

The brief reads in part, "With the demonstrated level of desperation on the part of the INEC and the 5th respondent {Iwu} to exclude the 1st petitioner {Abubakar} from contesting the presidential election and the consequent perversion of the electoral process, this court should have no difficulty in nullifying the election.

"After all, several governorship elections have been nullified by the Election Petition Tribuals and the Court of Appeal in several states in Nigeria and heaven has not fallen. Whichever way the April 21, 2007 presidential election is appraised on the basisi of evidence led by the petitioners, and the admissions made by the respondents in varying degrees, the election ought to be nullified.

"We make bold to state that the heavens will not fall if the 2007 presidential election is nullified and a fresh election ordered to be supervised by a neutral, impartial and independent personnel in the INEC.

"This court has a golden opportulity and responsibility to save Nigeria from going the way of Kenya and Zimbabwe following the outcome of greatly flawed elections."

Abubakar also contended that "the court (tribunal) was in serious error in invoking the issue of security and welfare of the country as an excuse for saving a seriously flawed election."

Buhari, in his brief of argument prepared by his lead counsel, Chief Mike Ahamba (SAN), claimed that the results in the election were arbitrarily assigned, adding that some of them were prepared before the poll.

He claimed that the results had not been announced in all the states before INEC went ahead to declare Yar'Adua of the Peoples Democratic Party as the winner of the election.

The former Head of State said, "We submit that apart from the proof of substantiality of the non-compliance with Section 45(2) Electoral Act, which is a finding of fact and a legal conclusion against which there is no appeal, and which is enough to invalidate the election, each of the other six non-compliances proved in the proceeding are capable of affecting the result of the election.

"This is because each of them is a safe-guard provision designed to ensure substantial compliance with the principles of the Act which are fairness, neutrality and legality.

"Each of the non-compliances cuts at the root of the validity of the electoral process, and is so very widespread, that each non-compliance has been shown to exist in at least 23 states specifically, and at least 29 states generally.

"We submit that if all the local governments and states affected are expunged, there will be less than eight states remaining intact and upon which no return may be made. We once again refer my lords to charts one two, three and four and tables A - CC before your lordship both on record and in this brief and in which the non-compliance were summarised for ease of reference."

Ahamba told the court that the non-serialisation of the ballot papers used for the election among other issues of non-compliance with the provisions of the laws guiding the conduct of the election were enough grounds for the election to be nullified and another conducted by a new leadership of INEC.

But Yar'Adua, in his brief of argument prepared by his lead counsel, Chief Wole Olanipekun (SAN), claimed that the two appellants did not prove their allegation of the election not being in substantial compliance with the extant electoral laws, particularly the Electoral Act 2006.

He added that the documentary evidence produced by Buhari to prove that the election did not meet the required acceptable standard amounted to nothing because they needed the testimony of witnesses to have a life.

Olanipekun, while adopting Yar'Adua's brief, submitted that the apex court lacked the power to grant the reliefs sought by Buhari.

"The reliefs to be granted by the court must be in accordance with the Electoral Act. The reliefs asked for by the appellants are not grantable," he said.

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In his submission, the counsel to INEC, Chief Kanu Agabi (SAN), stated that the non-compliance identified by the appellants was not enough to vitiate the outcome of the election.

He added that the appellants did not prove beyond reasonable doubt that the lapses in the conduct of the election affected the outcome.

Speaking with reporters after the court proceedings, Buhari said he had confidence in the judiciary's ability to dispense justice in the matter.

He said that the petition was better handled than in 2007 when his appeal against former President Olusegun Obasanjo was heard for about 33 weeks.

Some of the dignitaries in the court were Abubakar's running mate, Chief Ben Obi; Governor Sule Lamido of Adamawa State, and the Minister of Justice and Attorney-General of the Federation, Chief Michael Aondoaaka (SAN).

Others were the Ministers of Culture, Tourism and National Orientation, Prince Adetokunbo Kayode (SAN); Labour and Productivity, Alhaji Hassan Lawal; and former Minister of Justice, Alhaji Musa Abdullahi Elayo.