Judicial Tsunami: Yar'Adua survives; Nyako Sacked; Ali, Jang upheld

Nigeria court upholds Yar'Adua electoral victory

ABUJA, Feb 26, 2008 (AFP) - A Nigerian court Tuesday upheld the April 2007 election of Umaru Yar'Adua as Nigeria's president.

"Since the two consolidated petitions have failed, Umaru Yar'Adua and Goodluck Jonathan remain validly elected as president and vice president of Nigeria," presiding judge James Ogebe ruled.


ABUJA (AFP) - A special tribunal Tuesday dismissed one out of two petitions seeking to overturn the April 2007 election of Umaru Yar'Adua as Nigeria's president on the grounds of electoral malpractice.

The Presidential Election Petitions Tribunal, sitting in Abuja, dismissed the case brought by former military ruler Muhammadu Buhari, one of the two opposition politicians who lost to Yar'Adua in the presidential poll.

"The petitioner (Buhari) has in this case established substantially the non-compliance with the electoral act but has failed to establish the substantiality (effect) of the non-compliance on the results," James Ogebe, presiding a panel of five judges, ruled.

"This issue is therefore resolved in favour of the respondent (Yar'Adua)," Ogebe said, adding that Buhari's petition is "hereby dismissed".

By early afternoon the court had not yet started its ruling on the second petition, brought by Atiku Abubakar, a former vice-president.


Adamawa: Tribuanl Sacks Gov. Nyako

The appeal court sitting in Jos, has upheld the judgment of election tribunal, on the election petition brought against Nyako by the AC. the Speaker has been odered to take over pending elections within 90 days.... Grounds that the AC was unlawfully excluded...Justice Isa Ayo Salami delivered the ruling.

Yobe: Court Rules Sen. Mamman Ali Remains Gov

Justice Abdulsalam in has just delivered judgment, that the appeal is incompetent and dismissed same. So Ali Mamman remians the Governor.

Court Of Appeal Upholds Jonah Jang's Election

The Court of Appeal sitting in Jos has thrown away the appeal of the AC and ordered them to pay the sum of N60,000, So Jonah Jang remains Governor of Plateau State.



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Re: Court upholds Yar`Adua electoral victory
Bob posted on 02-26-2008, 11:07:28 AM
Allah akbar
Re: Court upholds Yar`Adua electoral victory
Jagunlabi posted on 02-26-2008, 11:27:45 AM
''Yar Adua will remain, majority of the masses want him to if only to retain the stability. No one wants to got the way of Kenya and in addition, neither buhari nor atiku would make a better choice. All these politicians are out for is self interest period''.

I find myself relunctantly agreeing with Genlt angle, the political vacuum that would have been left with the annullment of the senate president election.Coupled with the fact the the Speaker of the Hose of Representative is not 40 yet, so he can't assume the reins of power might have been too much for our political system to absorb.
That does not despute the fact that PDP was involved in some manipulation of result to favour themselve, however the other parties cannot claim to have been malpractices- free, so the highest rigger won.Chikena
Re: Adamawa's Nwako loses, Jang Wins
Tonsoyo posted on 02-26-2008, 12:31:53 PM
QUOTE:
Yar Adua will remain, majority of the masses want him to if only to retain the stability. No one wants to got the way of Kenya and in addition, neither buhari nor atiku would make a better choice. All these politicians are out for is self interest period.




Gentle Angel,

I am impressed by your position on this thread. You are the only one that have correctly read the minds of the Justices.

Like I wrote on the related thread, this is a judgment delivered based on what is called overiding public interest in jurisprudence.

The courts have made examples of lower posts like the Senate, House of Rep. and rigged Gubernatorial candidates as the fall guys.

Every efforts must be made not to plunge Nigeria into an unnecessary crisis, as the Tribunal noted, even if the election had not been rigged there is every likelihood that YarAdua would have still won the election based on the shoddy preparation of the opposition. It would amount to waste of public funds to allow another elections spending several millions of public funds only for Yar'Adua to win again through Iwuruwurunization. If they can nullify Yar'Adua's election, do they have the power to remove Iwu? No.


The Supreme Court would most likely uphold the decision.
Re: Court upholds Yar`Adua electoral victory
K_Station posted on 02-26-2008, 13:12:28 PM
I am most disappointed with all the double-speak of the many "heart-over-head" contributors in this village! People hail and praise the Judiciary until it serves a verdict they don't agree with, then the "Judiciary is on trial"! What nonsense! Just this past weekend when Mark's election was overturned, the Judiciary was the hero (remember 1 down, 2 to go?) but now that UMYA's election has been upheld, the Judiciary is on trial? You have a unanimous decision from the judges acknowledging some irregularities but insisting that those irregularities were not significant enough to warrant annuling the election. Why can't people deal with it and move on?

To those who are banking on the Appeal Court/SC to overturn this decision, good luck to you as you keep waiting and hoping in vain (you go tay!). People need to understand that you cannot get perfection (whenever elections come around!) out of a society that is mired in woeful imperfections. That is the subtle message from the Tribunal today. That is life. Deal with it. Suck it up. Move on!
Re: Court upholds Yar`Adua electoral victory
Abraxas posted on 02-26-2008, 13:18:52 PM
Hi, folks!

Some hardened conspiracy theorists believe that it is unbelievable that, out of the over 50 political parties outside of the PDP, only ANPP and AC, with presidential candidates from Northern Nigeria, are today seriously contesting the outcome of the 2007 presidential elections, rigged by a Southern Nigerian called Professor Maurice Iwu, for, and on behalf of another Southern Nigerian megalomaniac called General Okikiolakan Aremu Igbochukwu Olusegun Mathew Obasanjo.

If I may ask: APGA, nko? National Conscience Party (NCP), nko? Labour Party, nko?

Furthermore, Dim (Biafran General) Chukwuemeka Odumegwu-Ojukwu, nko? Chief Gani Fawehinmi, nko? Nnaaaaaaaa, na wa-o!

Na only Atiku and Buhari wey get sense for dis awa Nigeria to dey axe qwexshion about dat elexshion? Even sef, Buhari and UMY'A na from de same Katsina State, {no be so?} (I beg, leave word, bo!).

How wey we sure say dem no plan am like dat, make we, de mugus, believe sey dem dey quarrel, when true-true, dem all done agree finish to appear like sey dem dey quarrel. I trust my Arewa cousins and dem advanced political jingoism. Mugu fall, guy wack better wackis!

My brodas and sisters, make una no worry, {una hear?} De whole t'ing na (Kaduna) Mafia Arrangement wey pass OBJ 'ihm Army Arangement! At any rate, the logical next step to this saga is for Professor Maurice Iwu to be fired with maximum ignominy in the public interest, and for General Olusegun Aremu Sikiru Igochukwu Obasanjo to tender an unreserved apology to Nigerians for rigging elections with impunity, or else, serve a well-deserved prison sentence. (Not'ing consign UMY'A for dat one!)

Muchas gracias.

Don Juan-Carlos ABRAXAS (III)



Re: Court upholds Yar`Adua electoral victory
Busanga posted on 02-26-2008, 13:29:20 PM
QUOTE:

To those who are banking on the Appeal Court/SC to overturn this decision, good luck to you as you keep waiting and hoping in vain (you go tay!). People need to understand that you cannot get perfection (whenever elections come around!) out of a society that is mired in woeful imperfections. That is the subtle message from the Tribunal today. That is life. Deal with it. Suck it up. Move on!


Na wa for you o. It is not over until it is all over. I personally don't think the Judiciary is on trial, even though I think the judgment is an error. I expect the SC to rise to the occasion which I think may be the net effect the Court of Appeals was looking for. In the mean period, Yardy has a court mandate (similar to George Bush in 2000) until the SC say otherwise. Pragmatically, it might be a smart move in the future (in hindsight), allowing the SC to have a final say with immediate effectual consequence, instead of removing Yardy and put him in limbo while he appeals, and giving mischief makers a leeway to usurp the government. However, I will be pressed to see how the SC will duck its eternal responsibility to right the wrongs of 2007, especially since it has been heavily criticized for encouraging electoral fraud with its double talk judgment on the 2003 elections. Keep your fingers crossed.
Re: Court upholds Yar`Adua electoral victory
DoubleWahala posted on 02-26-2008, 13:40:42 PM
busanga,

You're right on the money.

Last week, on this thread, I made an observation, somewhat akin to yours:

QUOTE:
The judiciary is aware of the need for political stability, which is why they'll probably annul (if they so decide) UMYA's presidency at the highest court; the supreme court. It will not be annulled at the tribunal. They may likely, strategically, give judgement in his favor at the Tribunal, in order to buy time for a more level-headed senate president and/or INEC chairman to emerge.

Thereafter, upon Atiku's appeal to the SC, UMYA's presidency will stand a strong chance of being annulled, and the position will be temporarily occupied by the senate president.


DW
Re: Court upholds Yar`Adua electoral victory
Palamedes posted on 02-26-2008, 13:57:43 PM
I am not sure if the ego-massaging—as Abraxas would say—at the beginning was totally necessary: SANs were given far too much time to introduce one another to the audience. AIT and NTA lost an opportunity to go to the “commercials” and earn some advertisement revenue during the introduction.

I thank mother Africa [because I don't know who to thank] for seeing us through this difficult moment in our history. To show how serious the matter was, security was tight, the VP was present and so was the first lady [and many top officials]. But I was taken aback by the very relaxed attitude of some of the SANs: they were joking and laughing, texting, and even giving high [or was it “low”] five to each other in the midst of the verdict.

It seemed they were unaware of the magnitude and consequence of the verdict should it go the other way. Here is one possible scenario: The President and his VP would step down; the Senate President will then take over while INEC prepare and conduct a fresh election as Nigerians live in turmoil.

The other [albeit unlikely] scenario is to hand over the Presidency to Buhari or Atiku-- as was the case in Rivers State with the governorship. But given the few votes Buhari and Atiku received in the last election, I don't see this possibility: Any such attempt will be fatal for Nigeria. We might even have a coup and a return to the dark ages of military dictatorship and the looting of our multi-billion foreign reserve within months. Under a military rule, those “wide-grimed” SANs would probably be jobless or in detention—I wonder if it ever cross their minds as they amuse themselves during the readings.

I am glad that common sense prevailed over justice; but I wouldn't say that the exercise had been a waste of resources; on the contrary, it remains as warning to politicians of the possibilities that await them. I am tempted to say that the exercise is as affective as the work done by the EFCC in deterring rogue politicians from wining by crook.

As for Buhari, it is high time he left politics. Nigeria is not Pakistan and the All Nigeria People's Party(ANPP) is not his own party. ANPP members should realise that Buhari's leadership is killing their party. He has lost two elections: in 2003, the ANPP won 32.2% of the vote, however in 2007, the party only received 18%. Yes he is good leader and I do admire me but he should know when to quit before he is pushed. And for the party to have any chance of improving on the 18% in the next election, they had better start reforming the party beginning in 2008. And that means forcefully retiring Buhari if he plays deaf.
BOVE (Before Our Very Eyes)
Focus posted on 02-26-2008, 14:14:31 PM
I had written this article in the early hour of today but was unable to post it due to some technical reason on this site. hence i can only include here on the comment.
The ruling is welcome, and I hope Ogebe will be at the Supreme court to be the chairman again.
So read on:
Sometimes, watching the happenings in the political environment especially in our esteemed country, Nigeria, I often wish that the legendary Fela Anikulapo Kuti (Abami Eda) is still alive; I could only but imagine what his basket mouth would have been pouring out. Interestingly, both the past president, OBJ and the family of the current president (Yar ‘Adua) were his avowed enemies. (At least, expressed in his lyrics)
I have been trying to visualize what the ruling will be today, whether for or against President Yar'Adua, going by the ruling on some other contested election results, the latest being the Abia state Governorship election that produced Theodore Orji, one can only but speculate what the outcome could be. Some experts and commentators have been trying to project what the scenario would look like.
The recent elevation by the current government, whose legitimacy is under contention, of the Appeal Court Tribunal chairman to the Supreme Court, were viewed by some skeptics and other stakeholders as an inducement to rule in favor of Yar'Adua.
By implication, it will not be an easy decision and ruling by the Appeal Court Chairman, if he rule for, he would be called a name, if he rule against, he still gets a name and then puts the country in more jeopardy.
What is this jeopardy: From the look of things, our humble servant leader may not be willing to go through the maneuvering of re-election, he wasn't even cut out for such from inception and declared his dis-interest for such "DO or Die" activities. He may therefore thank fellow Nigerians for the support so far and stick to his "Rule of Law" stand. If he appeals against the ruling, the drag goes on. But the worst case scenario would be to call for a re-run of an election. With the current PDP (Power disgusting People) structure, whose BOT chairman is still active and all-in all, my fear is that even the recently released Ibori could be presented to contest.
I am not insinuating that we do not have credible people more than Yar'Adua to rule Nigeria, but the party to produce the presidential flag bearer is against the ethics of democratic rule and Yar'Adua, within his stay in office, have shown that he can be trusted. Also, the current INEC structure would not be viable to conduct a credible election. Therefore ruling against Yar'Adua will have more multiple effects that ruling for. Moreover, the two parties challenging the credibility of the election, they also have had their own impact on Nigerian politics and policies. Atiku, for instance cannot prove himself to be innocent of corruption, we are all living witnesses.
The best the chairman could do is to admit that there was an error, but cancelling the election would produce more error than an erroneous election result itself.
My view is that the deed have been done, undoing it by annulling the election will be more problematic. We should give Yar'Adua a chance.
Focus.
Re: Court upholds Yar`Adua electoral victory
Igwe posted on 02-26-2008, 14:21:42 PM
This is a very sad day for Nigerians who hunger and thirst for justice.

If the SC upholds this farce of a judgement, then all the judicial gains made in the past several years will be in vain, more so as the SC is soon to be populated by justices who have delivered very questionable judgements in recent times.

Is there still hope for Nigeria? I certainly believe there is. And the only ones who can keep that hope alive are those who cannot be bought, no matter the price tag.
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