AS THE NIGERIAN SUPREME COURT RULES



Today, October 26, 2023, the Supreme Court of Nigeria (SCN) will rule on the presidential appeals by former vice president and presidential candidate of the People's Democratic Party (PDP), Alh. Atiku Abubakar and Peter Obi, the former governor of Anambra State and presidential candidate of the Labour Party (LP) against president Tinubu's victory at the presidential election conducted on February 25, 2023 and the Presidential Election Petition Tribunal (PEPT) tribunal on September 6, 2022. The two appeals were heard on Monday, October 23, 2923 and the circular on the ruling followed on wednesday, October 25, 2023, two days after. What a speed: Is the speed normal? Only the court can answer.

How I wish, all cases in our Nigerian courts are dispense with with such nano speed. By the way, with the ruling in the offing, the fate of over 200 million Nigerians is hanging in the balance and, it is at the mercy of 7 justices of the apex court who are handling the matter.

The list of these justices and their respective profiles as reported by prime24.ng yesterday October 25, 2023 is represented here:
"1. Justice John Inyang Okoro: Head of the panel tasked with deciding the petitions aiming to remove President Tinubu from office. Justice Okoro, born on July 11, 1959, has a diverse legal background and significant experience in various capacities within the Nigerian judiciary.
2. Justice Uwani Musa Abba-Aji: The most senior female jurist on the Supreme Court bench, Justice Abba-Aji brings extensive experience, having held positions in different capacities within the Nigerian judiciary, including serving as Presiding Justice, Court of Appeal Kaduna Division.
3. Justice Mohammed Lawal Garba: A seasoned jurist who has served in various capacities and legal bodies, including as a member of the Presidential Election Panel that dismissed a petition filed by Atiku challenging the election of former President Muhammadu Buhari in 2019.
4. Justice Ibrahim Saulawa: A judge with extensive experience, having served in various capacities in different states’ judiciaries before his elevation to the Supreme Court. He has a background in both private practice and public service.
5. Justice Adamu Jauro: With a rich legal background and extensive experience in public service, Justice Jauro brings valuable insights to the bench. He has served in various capacities within the Nigerian legal system, both in private practice and public appointments.
6. Justice Tijjani Abubakar: A seasoned legal professional with experience as Attorney General, Permanent Secretary, and Commissioner for Justice of Yobe State. He has a background in private practice and public service, contributing to his well-rounded perspective.
7. Justice Emmanuel Agim: An experienced jurist who has served on international benches, including the Court of Appeal of Nigeria and the Supreme Court of Swaziland. His diverse legal experience enhances the panel’s breadth of perspectives.

The justices are by their respective profiles experienced jurists. Five (5) of the justices are from Northern Nigeria and two (2) from the southern part of the country. All of them are either Muslims or Christians, two major religions that believe in the sacredness of truth and justice. Their oath of allegiance is to the country, that is, to uphold the sanctity of the Nigerian constitution and to discharge their duty of dispensing justice without fear or favour.

The issues at stake are the issues of non-qualification of the president, Bola Ahmed Tinubu, who is argued to have presented forged school certificate to the Independent Electoral Commission (INEC) under oath; challenged on allegation of drug carteling and forfeiture of proceeds of it; dual citizenship as well rigging. For instance, the filing of fresh evidence on issues of certificate forgery as obtained from Chicago State University (CSU) before a District Court in Illinois and the allegation of perjury thereof is up for determination. The issue of non-admissibility of this fresh evidence due to time lapse or otherwise of it will be decided according to the dictate of the laws of Nigeria today.

The whole world is watching what is about to happen at the court with keen interest. There is anxiety everywhere around the country because the ruling will have serious implications on the state of our state institutions, especially, the judiciary; our moral condition and the strength of our jurisprudence - our laws. It is make ore mare decision that will be taken and the court should be given the benefit of the doubt. Although the citizens are already expressing scepticism. One of such scepticism reads: 'This presidential Appeal case is like waiting for a dead woman with a swollen stomach to deliver a lively bouncing baby. It's impossible.' 

Who knows? The reality is that the court of public opinion is already delivering its verdict but it is the decision of the supreme court that shall ultimately prevail. That is how final the supreme court is empowered to be.

There is this adage that says, 'judges are gods before men and men before God'. Once the supreme court justices decides, it is final. Therefore, whoever is not comfortable with the final ruling of the court that is being anxiously awaited can only apply to God or try other democratic means because the country is in a democracy. That is what our laws provides anyway!

As the panel of these seven (7) justices decide on the matter, they deserve this reminder: That they are representative of a policy court and custodians of the Nigerian constitution. Their role in this national assignment would have been what God had done if He (God) had not created the courts and the justices. The least Nigerians expect is justice and not judgement. The difference is that judgement can be procured but justice is a decision that is based on deep conviction and in line with the dictates of law. The former is transactional, the latter is based strictly on point of rule of law which has to do with the tripartite principles of nobody is above the law; everybody is equal before the law and fundamental human rights!

History beckons: Whoever betrays public trust will have a date with transgenerational imfamy; whoever defends it will have a date with transgenerational honour. This an ample opportunity for the justices to write their names in gold or write them on sinking sands of time. The choice is theirs. If the fail, help will come come to Nigeria some other ways but they shall be objects of mockery forever.

Let it be categorically stated or known that this country, Nigeria has a psyche and moral conscience and, as citizens we have the sacred duty and obligation to protect it.  We cannot afford to do less. The issues involved are bumpy but our laws are unambigious. Wake up Nigerian supreme court and tell where the nation stand on the issue at hand. Let the spirit and letters of the constitution speaks undilluted. God Bless the Federal Republic of Nigeria and its over 200 million citizens who are highly expectant!

*(Modest Thought with Ayuba, Yilgak'ha, October 25, 2023; 08116181263 for SMS)*

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