The Peoples Democratic Party, PDP, caucus in the
House in lower chamber of the National Assembly
on Thursday, suggested that Justices Ibrahim
Tanko, Rhodes-Vivour, Mary Odili, Sylvester Ngwata,
Olukayode Ariwoola, Musa Mohammed and Kumai
Akaahs be appointed to hear and determine the
appeal filed by the PDP Presidential candidate,
Atiku Abubakar challenging the ruling of the
Presidential Election Petition Tribunal that upheld
the victory of President Muhammadu Buhari.
The lawmakers elected on the platform of the PDP
in the House of Representatives accused the
leadership of the Supreme Court of trying to subvert
the convention of selecting the most senior
Justices of the Supreme Court to hear and
determine the appeal
According to them, the apex court and the Chief
Justice of Nigeria must stick to set precedent and
resist the pressure being brought to bear on him to
appoint justices who are likely to favour the
Governing All Progressives Congress (APC) and its
presidential candidate, Buhari in deciding the
appeal.
The caucus position was contained in a statement
signed by Hon. Kingsley Chinda (PDP Caucus
Leader), Hon. Chukwuma Onyema (deputy leader),
Hon. Umar Barde (Caucus Whip) and Hon. Muraina
Ajibola (deputy caucus whip).
The lawmakers said the post of Chief Justices of
Nigeria since 1979 has set the precedent of
appointing the most senior Justices to hear the
Presidential election appeal.
The statement added,
“The hearing of the appeal on
the decision of the Presidential Election Petition
filed by Alhaji Abubakar Atiku 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 phony
dictates of the ruling parties.
The PDP representative further stated.
“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, empaneled Justices
Katsina-Alu, Aloma Mukhtar, Dahiru Musdapha,
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; CJNGeorge Sowewimo, 1983; and
CJN Muhammad Uwais, 2003.
“CJN Katsina-Alu also followed CJN Kutigi’s steps
in 2011 and kept to the age-long conventional
practice. If there is any 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 A.P.C 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.“Surely, selection, Shorn off pressure and influence
of the government and the present ruling party, is
about demonstrating and holding firm to the
constitutional powers of the Supreme Court to
conduct its own affairs and not succumb to
pervasive power and corrosive external influences.
“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.
“We are, however, gladdened that on Monday 14th
October 2019 through its Director, Press, and
Information, Dr. Festus Akande, the Supreme Court
refuted this intent and reassured the Nigerian public
that it is out to “Serve the interest of the generality
of the Nigerian masses and not select individuals or
groups”. We, therefore, pray and hope that the
Supreme Court does not allow itself to fall into this
gobble trap.“We wish to state that selection of Justices to hear
the appeal of our great party’s presidential
candidate, Alhaji Abubakar Atiku, must be in
accordance with the conventional practice admitting
only of the selection of the first seven most senior
Justices of the Supreme Court: CJN Ibrahim Tanko,
Justice Rhodes-Vivour, Justice Mary Odili, Justice
Sylvester Ngwuta, Justice Olukayode Ariwoola,
Justice Musa Muhammad and Justice Kumai
Akaahs.
Young-po Reporters 