Wednesday 28 December 2011

Mixed reactions trails Supreme Court affirmation of Jonathan's victory at the Presidential Polls.


This came as mixed reactions trailed the verdict with President Jonathan and House of Representatives Speaker, Aminu Tambuwal advising Buhari to accept the verdict in good faith and join hands with the government to develop the country as supporters of the ruling party embarked on victory dance in Abuja.
Among those, who spoke on the ruling yesterday were  Professor Itse Sagay (SAN), Mr. Bamidele Aturu, Wale Ogunade, the Peoples Democratic Party (PDP) and  Society for Rule of  Law in Nigeria (SRLN).

I leave justice to God – Buhari
Responding to the verdict, Buhari said he had resolved to leave the issue of justice in the hands of God Almighty, alleging that “the decision of the Supreme Court is politically motivated and has little judicial content.”

Accept verdict in good faith – Jonathan
Meantime, President Jonathan has applauded the judgment and urged Buhari to accept the verdict in good faith.
According to a press statement by his Special Adviser on Media and Publicity, Mr. Rueben Abati, the President said the ruling appended a final seal of approval on his victory “already acknowledged by the vast majority of ordinary Nigerians, political parties and the international community.”
He commended Buhari for availing himself of the country’s legal and judicial system in expressing his reservations about the conduct of the elections. “Now that, that process has run its full course, President Jonathan hopes that General Buhari and his party will accept the ruling of the esteemed Judges of the Supreme Court in good faith and join hands with him and other well-meaning Nigerians to build a united, stronger and prosperous nation that present and future generations of Nigerians can be proud of.
“He expects that General Buhari will continue to contribute positively to national development and also mobilize his supporters across the country to join in the process of national reconciliation and national renaissance.

It’s victory for democracy – Tambuwal
In like manner, House of Representatives Speaker urged Buhari and the CPC to join the government in bringing about much needed development in the country.
Tambuwal who spoke through his new spokesman, Imam Imam, also congratulated President Jonathan on his victory at the Supreme Court, saying the judgement reaffirmed the decision Nigerians in electing Jonathan at the polls.
“Now that the matter has been decided by the Supreme Court, all Nigerians must put aside partisanship and rally behind the President in his quest to move the country to the next level,” the Speaker said. He urged the opposition parties to see the judgement as victory for democracy.

PDP: It is a thorough verdict
Relatedly, the ruling  PDP, which congratulated President Jonathan, his Vice, Namadi Sambo and the panel of jurists that sat through the case, said it was a thorough verdict. The party spoke through its National Publicity Secretary, Professor Rufai Ahmed Alkali.
“The judgement of the Supreme Court brings to a close a tortuous process of litigation, which we felt was unnecessary in the first place. We however wish to congratulate the learned jurists for a thorough verdict which will no doubt strengthen the faith of the common man in the judiciary. We wish to appeal to those who lost out to now join hands with President Goodluck Jonathan as he focuses on the enormous task of national transformation, beginning with fixing our faltering economy and provision of security for the protection of lives and property.
The time for elections and litigation is now over. What should now be our collective goal is the stability and growth of our dear country. We therefore call on all Nigerians to set aside political, social, religious and ethnic differences and unite for the sake of the current and future generations,” it said.
Victory dance for Jonathan
Elated with the ruling, prominent members of the PDP and  supporters of President Jonathan embarked on victory dance shortly after the judgment.
For the PDP’s National Working Committee (NWC) led by Alhaji Kawu Baraje, the ruling had vindicated its position that most Nigerians voted for the candidate of the their party.

It’s victory for rule of law – Oni
On his part, former Governor of Ekiti State, Chief Olusegun Oni, who also congratulated President Jonathan, Vice President Sambo, the PDP and all Nigerians over the Supreme Court judgment, described the verdict as a victory for rule of law.
Oni, who reacted to the judgment through his Media Aide, Mr. Lere Olayinka, said:  “Once again, the court of law has vindicated the Independent National Electoral Commission (INEC), which declared our great party, the PDP as the winner of the presidential election in line with the mandate freely and willingly given by Nigerians. It is victory for democracy, victory for rule of law, victory for Nigerians who voted massively for President Jonathan, and most importantly the truth which will always be constant.”

A/Court made it impossible for Buhari to prove his case – Prof Sagay
Speaking on the ruling, Professor  Sagay in a telephone chat with Vanguard, blamed the Court of Appeal for mixing up Buhari’s case.
His words: “I have not read the judgement neither do I know the reason given by the Supreme Court. What I have to say is that the Court of Appeal had already neutralized Buhari’s case by refusing Buhari’s lawyers access to electoral materials for forensic examination.
There is a provision in the Electoral Act, which empowers the petitioners and his lawyers to do that. What happened was that Justice Ayo Salami actually set up a panel that actually approved the examination of those materials, when they removed him (Salami), the new panel that took over, reversed the decision. As a result, they were not able to examine the ballot papers to ensure that there were cases of multiple voting and all sorts of irregularities.
“So, the Court of Appeal made it impossible for Buhari to prove his case. What was presented to the Supreme Court was a situation in which there was an unprovable case. The only thing I would add is that if I were  in the Supreme Court, I would have sent the case back to the Court of Appeal with the order that they should be given access to electoral materials. That is the only way you can discover all the fraud and irregularities that were being complained about. I put the whole fault on the Court of Appeal.”

….Aturu, Ogunade concur
Messers Bamidele Aturu and Wale Ogunade also blamed the appellate court for the Supreme Court decision.
Aturu observed that, “the Supreme Court cannot manufacture evidence but the seven-man panel should have re-visited the decision of the Appeal Court which denied the CPC the right to examine the electoral materials. For the CPC to be denied access to the materials based on technicalities, is a great injustice and I think we need to review our laws to ensure that people are given the right to electoral justice.”
To Ogunade, the judgment was the climax of the intrigues and politics that had been rocking the judiciary, which culminated in the reconstitution of the Appeal Court judges.
“The case was lost immediately Appeal Court denied the CPC the right to examine the electoral materials. Once the evidence is not allowed in a matter, then you cannot expect to get a favourable result because you will be operating from a disadvantageous position,” he stated.

SRLN hails judgment
However, an Abuja-based Non Governmental Organisation; the Society for Rule of  Law in Nigeria (SRLN) saw the verdict  as a sign that “the temple of justice in Nigeria is restoring itself back to public confidence.”
In a statement issued by its Coordinator, Comrade Chima Ubeku, the group said: “It has been reaffirmed that nobody anywhere in this country will give judgment by placing the burden of proof on the Respondents against he who asserts. We wish to congratulate the top echelon of the Nigeria judiciary on this judgment, which will erase any doubt in future about who has the burden to proof between the petitioner and the respondent, especially in election cases.
“As against the Salamic Judicial Authority, which placed the burden of proof on the respondents, and on which basis judgments were entered in favour of the Action Congress of Nigeria (ACN) on Ekiti and Osun States governorship cases, now the Supreme Court has once again affirmed that it is ‘he who asserts that must proof..’ We are therefore happy that the judiciary is being restored to how it used to be and we congratulate Nigerians for this development.”



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