The ghost of 2007 presidential election came to hunt ailing President Umaru Yar’Adua on Friday as the Supreme Court ordered the Court of Appeal serving as the presidential election petition tribunal to commence a fresh trial into a petition filed by the presidential candidate of People’s mandate Party, Dr. Arthur Nwankwo, challenging the election of the president.

The apex court remitted the petition to the lower court while delivering judgement in an appeal filed by Nwankwo against the decision of the lower court stopping him from presenting a motion after the pre-hearing conference.

In the lead judgement delivered by Justice Ikechi Francis Ogbuagu, the apex court also held that all motions and preliminary objections according to the practice direction guiding election petition tribunal must be taken and considered during the pre-hearing conference stage and not after it.

The appellant had, at the lower court, sought to present a motion after pre-hearing conference, which was refused by the court.

Following this, the appellant came to the Supreme Court to challenge the lower court’s decision which judgment was delivered yesterday and the apex court upheld the decision of the court of appeal and ordered the petition back to the court of appeal for retrial.

The five-man panel of the Supreme Court presided over by Justice Ikechi Francis Ogbuagu in delivering the judgment, noted that no court could hear any matter, motion or application if it did not have jurisdiction to do so, otherwise, the outcome of such hearing would be a nullity.

“The best thing to do is to remit the matter to the trial court. In conclusion, the appeal is allowed” even as the court awarded cost of N50, 000 in favour of appellant against each of the respondents.

Responding to the judgment, counsel to the Independent National Electoral Commission (INEC), Chief Godwin Kanu Agabi (SAN), said that the judgment would help other cases in future as well as expanding the frontiers of the nation’s jurisprudence.

He re-echoed the pronouncement of the apex court that once there was a provision for the proper way of doing something, no other way would be adopted in doing that thing aside from the laid down procedure provided for such.

He added that the practice direction in handling election petition matters must be obeyed even though the only option for the appellant was to comply with the order of the Supreme Court in commencing the case again at the trial court.

The presidential candidate of PMP had gone to the court of appeal seeking to annul the election of President Umaru Yar'Adua and Vice President Goodluck Jonathan, alleging that the process that brought them to power contravened the electoral laws.

He claimed electoral inconsistencies and irregularities in the said polls and concluded that the best thing for the court to do was to pronounce the election a nullity.

http://www.tribune.com.ng/sat/index.php/front-page-articles/517-fresh-trouble-for-yaradua-as-supreme-court-orders-re-trial-of-election-petition-against-him.html

Another northern agenda. Void 2007 elections so that an early election will be called which of course Yar Adua is ineligible to contest and kick Jonathan faster than he got there.

Boboribo:

Another northern agenda. Void 2007 elections so that an early election will be called which of course Yar Adua is ineligible to contest and kick Jonathan faster than he got there.

Spot on. Removing Yar Adua , as a result of a competent Court of law overturning his election victory, means that Jonathan will automatically be made redundant as well since the VP is on a joint ticket with the President. OBJ caused all these problems with his deliberate poor choice of President and Vice President. In Jonathan , OBJ chose a man who , even with ultimate power, will always find it difficult to command respect from those he leads without the deployment of folks like himself and Danjuma.

OBJ chose a man (Jonathan) who will always need himself and the other self-serving destroyers of Nigeria (Anenih, Danjuma , et al) for acceptance . He thought he had done similar with Yar Adua but was foiled by the 'esprit de corps' with which the North operate i.e , as a principle, they always fervently support their own when push comes to shove. Sadly for Jonathan the leaders in the South who should be supporting him , as per the principle that all Nigerians should be equal , are the same individuals backstabbing him !!!! Callous and self-serving machinations from a callous and supremely self-serving individual (OBJ) has got us where we are now . I am not a fan of Jonathan's leadership style but I feel  OBJ , as usual, has used another less-discerning pawn (like Ribadu, El Rufai, Fani-Kayode , et al) to actualise his nefarious agenda. I feel sorry for Jonathan. I sincerely hope he fares better than others who have been used and dumped by OBJ.

Gbawe:

Spot on. Removing Yar Adua , as a result of a competent Court of law overturning his election victory, means that Jonathan will automatically be made redundant as well since the VP is on a joint ticket with the President. OBJ caused all these problems with his deliberate poor choice of President and Vice President. In Jonathan , OBJ chose a man who , even with ultimate power, will always find it difficult to command respect from those he leads without the deployment of folks like himself and Danjuma.

OBJ chose a man (Jonathan) who will always need himself and the other self-serving destroyers of Nigeria (Anenih, Danjuma , et al) for acceptance . He thought he had done similar with Yar Adua but was foiled by the 'esprit de corps' with which the North operate i.e , as a principle, they always fervently support their own when push comes to shove. Callous and self-serving machinations from a callous and supremely self-serving individual (OBJ). I am not a fan of Jonathan's leadership style but I feel OBJ , as usual, has used another less-discerning pawn (like Ribadu, El Rufai, Fani-Kayode , et al) to actualise his nefarious agenda. I feel sorry for Jonathan. I sincerely hope he fares better than others who have been used and dumped by OBJ.

Gbawe, if justice is served by any verdict which nullifies the 2007 presidential election, an election that you yourself are implying that is rigged and engineered by Obasanjo, then I don't understand your outrage. Its about time that we started to applaud the application of rule of law and let it take its cause before screaming, Northern agenda.

ndu_chucks:

Gbawe, if justice is served by any verdict which nullifies the 2007 presidential election, an election that you yourself are implying that is rigged and engineered by Obasanjo, then I don't understand your outrage. Its about time that we started to applaud the application of rule of law and let it take its cause before screaming, Northern agenda.

Haba my brother !!! "Justice is served" three years after Yar Adua became President coincindental with a power vacuum , allied with a desperation to ensure that Jonathan has no real executive power, and you talk about not understanding my "outrage"? I am not outraged at all. I am only suspicious at "justice" that seems politically expedient rather than sincere. I don't see how you can wonder why sane Nigerians would be suspicious of the timing of "justice" when those who want to prevent Jonathan gaining power have shown do-or-die desperation plus total disregard for decorum and decency.

I am no lawyer but it would seem to me that some 'abracadabra' may be in the offing with the sudden appearanceof this suit. If the Supreme Court of Nigeria , i.e the apex judicial authority of our nation , has ruled in favour of Yar Adua against those with far more weighty claims (Buhari and Atiku) I really don't see what this petition can achieve if not another attempt to buy a court judgement to assist theft, fraud and corruption as is common in Nigeria.

Gbawe:

Haba my brother !!! "Justice is served" three years after Yar Adua became President coincindental with a power vacuum , allied with a desperation to ensure that Jonathan has no real executive power, and you talk about not understanding my "outrage"? I am not outraged at all. I am only suspicious at "justice" that seems politically expedient rather than sincere. I don't see how you can wonder why sane Nigerians would be suspicious of the timing of "justice" when those who want to prevent Jonathan gaining power have shown do-or-die desperation plus total disregard for decorum and decency.

Gbawe, you are not party to the lawsuit in question and I understand your suspicion. The presidential candidate who filed the lawsuit feels otherwise. Here is an extract of a their issued statement:

Dr. Nwankwo and our Party, the Peoples Mandat Party (PMP) went to the court of Appeal to annul the election of President Umaru Yar'Adua and Vice President Goodluck Jonathan, based on the electoral inconsistencies and irregularities that brought them to power.
We accept this ruling of the Supreme Court for the Appeal Courts mother of all legal-politico fight. As a party of veteran political street fighters, we are cognizant of but not bothered by the predictable multifaceted political calculations and intrigues our adversaries will bring to the arena. We will win!

Would justice be served if this case is now thrown out of court because of your suspicion? I don't believe Dr. Nwankwo and his party think so. They intend to win this lawsuit.

ndu_chucks:


Would justice be served if this case is now thrown out of court because of your suspicion? I don't believe Dr. Nwankwo and his party think so. They intend to win this lawsuit.

Fair enough. You have a point. Nonetheless I remain totally suspicious of those who feel that power is their property and birthright . They have shown an insane desperation to do whatever possible to ensure the status quo continues . Let us wait and see . Soon enough we will see if this petition is genuine or another desperate attempt to twarth Jonathan.

@Ndu_chucks.


My suspicion may be valid afterall . Some of us are aware of the corrupt and compromised antecedent of Katsina-Alu. We know that he was not drafted in as CJN for nothing.



http://www.saharareporters.com/real-news/sr-headlines/5413-corrupt-chief-justice-katsina-alu-other-justices-plot-legal-coup-against-nigerians.html

Corrupt Chief Justice Katsina-Alu, other justices, plot legal coup against Nigerians
Written by SaharaReporters, New York
Friday, 05 March 2010 17:32

The Supreme Court led by Justice Aloysius Katsina-Alu, a notorious wheeler dealer, today took a first step in several sources within the judiciary and political circles described as a broad effort to thwart any meaningful political change in Nigeria and, in the short term, a plot to pave the way for former President Ibrahim Babangida and former Governor James Ibori to steal power.
This morning, a seven-man panel of the apex court unanimously ruled that Arthur Agwuncha Nwankwo, presidential candidate of the People's Mandate Party (PMP) and his running mate, Muhammad Abdullahi, had a valid case in challenging the election of Umaru Yar’adua in April 2007. The legal challenge, brought by way of appeal against the election of Umaru Yar’adua and Goodluck Jonathan, received what a senior advocate characterized as “a surprise and unusual boost from the Supreme Court.”

The case had earlier been thrown out by the presidential election petition tribunal headed by Justice James Ogebe on September 3rd 2007 for lacking in competence.

A highly knowledgeable source told Saharareporters that the apex court’s decision to overturn Justice Ogebe’s ruling must be seen in the context of the grave power play that has paralyzed Nigeria’s governance and cast presidential leadership in a serious crisis. Loyalists to both Yar’adua and Jonathan are currently engaged in a grim brinkmanship over which faction is to exercise power – even as Yar’adua remains bedridden and has not been seen or heard from by Nigerians ten days after his purported discharge from a Saudi hospital.

Today’s judgment, which was delivered with five justices in attendance while two were absent, concluded that Mr. Nwankwo’s appeal was meritorious, ruling that it set aside the September 2007 judgment for being null and void. The Supreme Court subsequently remitted the case to the lower court to be adjudicated by a fresh panel to be constituted by the President of the Court of Appeal.

Three sources, two legal authorities and the third a top PDP politician, told Saharareporters that the case could prove tricky especially at the time when the country badly needed a way out of its present political logjam.

“I can tell you that today’s judgment represents a move by the Supreme Court leadership in conjunction with some political operatives on the Yar’adua side of the political equation to use the court to ease out Dr. Goodluck Jonathan from office by annulling the election at the reconstituted Court of Appeal,” said one of the sources.

Our informants stated that, once the election is annulled, the PDP would decide not to appeal the verdict at the Supreme Court. “Instead, the party would welcome the chance to present another set of candidates to replace Yar’adua and Jonathan – claiming that its original presidential candidate is incapacitated,” said one source. He added that the ruling party would most likely hand its ticket to Babangida, with Ibori as the vice presidential candidate. “The duo would then be positioned to steal victory in early elections that might be ordered by the Court of Appeal,” said one of our sources.

Our political sources said the apex court’s judgment is part of the ruling party’s covert designs to shut out new candidates that are likely to emerge to challenge a weakened PDP in elections scheduled for 2011.

A legal expert told Saharareporters that the apex court’s decision is also suspicious since a majority of the same court had ruled last year that Yar’adua’s election was in order – despite detailed evidence of substantial violations of the electoral act.

“I am highly disturbed by this ruling,” said a Port Harcourt-based senior advocate, adding that the verdict “smacked of political adventurism of the worst kind.”

Since January, Justice Aloysius Katsina–Alu has led the apex court. Known for his close ties to serial criminal Ibori as well as former Attorney General Michael Aondoakaa, both prominent members of the Yar’adua “kitchen cabinet,” Katsina-Alu is notorious in legal circles for his penchant for corruption and meddling in cases to derail justice.

Last week, Justice Katsina-Alu pulled one of his suspicious moves when he intervened to halt the scheduled ruling of the Court of Appeal to decide the gubernatorial election in Sokoto State. One lawyer told us that the Chief Justice’s intrusive maneuver in that case, exclusively exposed by Saharareporters, was unprecedented in the history of the Nigerian judiciary.

One of our sources said that the new Chief Justice appeared to be positioning the courts to help the Ibori faction of the PDP to reestablish control both of the party and Nigeria.

But in a short interview with us, the lead lawyer to the plaintiffs, Nnabuike Edechime, explained that his clients actually wanted the Supreme Court to annul the 2007 election by invoking Section 37 (1) of the 2006 Electoral Act. The act states: “If after the time for the delivery of nomination paper and before the commencement of the poll, a nominated candidate dies, the Chief National Electoral Commissioner or the Resident Electoral Commissioner shall, being satisfied of the fact of the death, countermand the poll in which the deceased candidate was to participate and the Commission shall appoint some other convenient date for the election.” Mr. Edechime explained that the electoral commission should have rescheduled the 2007 election when Adebayo Adefarati, the presidential candidate of the Alliance for Democracy, died on March 29, 2007, just before the election. He said it was proper for the courts to nullify the presidential election on account of Adefarati’s death.

Asked if he was aware that the ruling might have interesting political implications at this time, Edechime said he thought the annulment of the election would be the best way out of the political logjam besetting Nigeria at the moment.

Today’s ruling took place in the presence of James Ogebe and John Fabiyi, two justices who played a role in upholding the legitimacy of Yar’adua’s election at the lower tribunal. After Ogebe and Fabiyi handed victory to Yar’adua, they were hastily elevated to the Supreme Court.

Today’s case was presided over by Justice George Oguntade, who was absent from court. Justice Walter Onnoghen, who was also absent, wrote the ruling. Other justices on the panel are Olufunmilayo Adekeye, Mahmud Mohammed, Francis Tabai, Ikechi Ogbuagu and Muhammed Muntaka Coomasie.

Wole Olanipekun and Damina Dodo, both senior advocates of Nigeria, represented Yar’adua/Jonathan while Kanu Agabi (SAN) represented the Independent National Electoral Commission (INEC) and 40 others.

Edechime, Mirabel Edozie and Uba Chukwuka represented the plaintiffs, Arthur Nwankwo and the Peoples Mandate Party.

Gbawe:

@Ndu_chucks.


My suspicion may be valid afterall . Some of us are aware of the corrupt and compromised antecedent of Katsina-Alu. We know that he was not drafted in as CJN for nothing.



http://www.saharareporters.com/real-news/sr-headlines/5413-corrupt-chief-justice-katsina-alu-other-justices-plot-legal-coup-against-nigerians.html

@Gbawe, my response to you remains the same:

Would justice be served if this case is now thrown out of court because of your suspicion and that of the authors of the article you posted? I don't believe Dr. Nwankwo and his party think so. They intend to win this lawsuit.

ndu_chucks:

@Gbawe, my response to you remains the same:

Would justice be served if this case is now thrown out of court because of your suspicion and that of the authors of the article you posted? I don't believe Dr. Nwankwo and his party think so. They intend to win this lawsuit.

I am not advocating for this current case to be thrown out. I am only arguing that since this case lacked merit and competence in the past , resulting in it being thrown out originally , it is suspicious that it has now been ressurected when the same premises it failed on in 2007 are still valid today !!! Nonetheless , your point is duly noted . Let us wait and see. It would be be a stretch of the imagination to think that Justice alone , and not foul play,  is at work if this case , far more lacking in competence than others that failed, now succeeds as a legitimate reason to annul the 2007 electoral win of Yar Adua. I would consider that scenario to be 'very convenient' for some desperate schemers.

The confusionists don come O! There are no laws it seems, just judgements on a whim!

Abeg, let this judiciary go and sit down. When they were presented the opportunity previously to bring their professionalism to bear on the issue, they failed woefully, the corrupt system swallowed them. The judiciary has been the greatest cog in the wheel of progress of Nigeria. Imagine the judiciary saying that the word "shall" as used in the constitution of Nigeria was not binding, in the case against Yar'adua for not writing to the senate before proceeding for medical check-up. Bullshit! If they want to erase the disdain against them, they should rather visit the James Ibori case. Finally, if our judicial system was effective fighting corruption in this country would have been easy. It is a great pity that some clowns are taking Nigeria and majority of Nigerians for granted.

It is as clear as daylight that this is just a well orchestrated plot to ease the Goodluck out of power for the sake of some self seeking persons. The PDP has already made it abundantly clear that the north wld remain in power till 2015.It is not just a mere coincidence that the case has been ressurrected at this time

If they pursue this avenue, the senate president will be the leader because it will lead to a state of emergency. No election will hold at least not in Niger Delta.

It will be a grave miscalculation.

These northerners are just making it easier to break this country. No wahala we will "cooperate" with them . Person wey do anyhow go see anyhow.

So Jonathan staying for the remaining one year is now an ARAM? no wahala.

na_so:

These northerners are just making it easier to break this country. No wahala we will "cooperate" with them . Person wey do anyhow go see anyhow.

So Jonathan staying for the remaining one year is now an ARAM? no wahala.

When are you guys going to start accepting responsibility for your own actions and stop blaming northerners for all your self imposed problems. Why don't you get Dr. Nwankwo and his Party, the Peoples Mandat Party (PMP), to withdraw their lawsuit.

Does Nwankwo sound like a Northern name to you? Geez

^^^^^^^
You can tell that to children. We have moved past that level a long time ago. In cases like this, even a 2 year old can lift the veil and see Hausa-fulanis clearly.

There is no problem provided you guys know the implication of what you are trying. Just count the cost appropraitely . No man will lie low.