JUDICIARY
Kaduna Gov Election Tribunal Concludes Sitting, Reserves Judgment

The Kaduna State Governorship Election Petition Tribunal has adjourned sitting on Monday after counsel adopted their final written addresses and replies to points of law.
Justice Ibrahim M. Bako, Chairman of the three-member Tribunal, said that a date would be reserved for judgement and all parties will be notified through their counsel.
The Peoples Democratic Party (PDP) and its Governorship candidate, Alhaji Isah Ashiru had petitioned the March 9 poll in which Gov.
Nasiru El-Rufai was returned as duly elected by the Independent National Electoral Commission (INEC).The Petitioners in their final written address on Monday, asked the Tribunal to cancel a total 515, 951 votes which it contended were unlawfully added to the total votes cast during the March 9 poll. The petitioners had called 135 witnesses out of the 685 they assembled to prove massive rigging, ballot stuffing and other irregularities during the poll as contained in their petition.The petitioners alleged that the Independent National Electoral Commission (INEC) had added 391,741 votes to Nasiru El-Rufai of APC and a total of 124, 210 unlawful votes to the PDP through wrong or double entry on the result sheets.The PDP and its candidate also contended that declaring El-Rufai winner by INEC was illegal as he did not score majority of lawful votes.The PDP through its legal team led Emmanuel C. Ukala (SAN), said deducting 391,741 votes from 1,045,427 scored by El-Rufai and 124,210 from Ashiru’s 814, 168 votes will give victory to PDP and Ashiru, its candidate in the poll.The counsel further argued that after the deduction of the alleged unlawful votes, Ashiru will be left with 689,958 lawful votes, while El-Rufai will have 653,686 votes.In his submission, Ukala argued that all parties to the petition are bound to argue their cases on the basis of whether or not the petitioners had assembled credible evidence to sustain their petition, as formulated by the tribunal.According to him, “only the 2nd respondent premised his argument on the issues formulated by this honorable tribunal. The 1st and 3rd respondents went on their own forays.“It is therefore our submission that the argument of the 1st and 3rd respondents should go to ‘no issue’, having not addressed the issue which was binding to all parties, “ Ukala argued.The petitioners counsel further said that based on the issues formulated by the tribunal, the issue has been narrowed down to the credibility of evidence.“Based on this simplification of the issue, it is our humble submission that when the evidence led by both sides are placed on the imaginary scales of justice, what is obvious is that the weight of evidence of the petitioners will overwhelmingly weigh in favor of the petitioners as against the respondents, “ he said.“First, the petitioners called 135 witnesses. All respondents put together, 1st, 2nd and 3rd respondents, called a total of five witnesses.“What is obvious is that there were so many areas covered by the petitioners that were not addressed by the respondents.“ Ukala further pointed out that the quality of the petitioners’ evidence was more qualitative than that of the respondents with polling unit agents who actually saw what happened on the election day and testified.However, in its final written address and reply to points raised by the petitioners, Counsel to APC, Ibrahim Bawa (SAN) said: “our final written address before the tribunal is that the petitioners have not been able to establish their claim before the court.“There are certain allegations that were made which were criminal.“The petitioners also complain that certain votes were illegally recorded for the 2nd and 3rd respondents, but unfortunately no evidence were made to prove those points.“So, we urge the Tribunal to dismiss the petition as the petitioners have failed to live up to the standard expected of them in proving their petition.”Similarly, Abdulhakeem Mustapha, counsel to El-Rufai, the 2nd respondent in the petition, asked the tribunal “to invoke its majestic powers to dismiss the petition as lacking in merit and to confirm that the 2nd respondent, Malam Nasiru El Rufai as duly elected as governor of Kaduna State on the March 9 election. “Mustapha in an interview with newsmen also said: “we have been able to tell the court that all the witnesses called by the petitioners failed woefully to prove the ingredient of the fact relied upon in their petition.“The onus is on the petitioners to come with credible evidence and all the testimonies of the witnesses produced by the petitioners were demolished under cross examination.“ There is nothing that the court will see to be persuaded to give judgment in their favor, we have been able to show with the witnesses we called that the election was conducted in conformity with the provision of the electoral Act.“We are very satisfied with the proceedings and we are very sure that justice will be done and sure that Malam Nasiru El-Rufai was duly elected by the people of Kaduna State. “On behalf of the 2nd respondent, the final written address which was dated 2nd August, was filed on 3rd August, 2019, while the 2nd respondent filed a reply on fact of law on August 16,” Mustapha said.Meanwhile, Counsel to the 1st respondent, Independent National Electoral Commission (INEC), Aliyu Umar (SAN) urged the tribunal to “dismiss the petition and confirm El Rufai as duly elected Governor of Kaduna State.“Umar drew the attention of the tribunal to the fact that the petitioners had just served him with a list of additional authorities on the day of sitting.He also told newsmen shortly after the sitting that: “We told the tribunal to take witnesses of the petitioners one by one and urged the tribunal to hold that their evidence was different from what they alleged in their petition.“And their witnesses have all confirmed during cross examination that no INEC officials connived with any other person.“The petitioners only called 135 of the 685 witnesses the petitioners said they would call, that is short of the number they were supposed to call to prove their case.“They are to win their case by the evidence presented not by our witnesses,“Umar said.At the end of the sitting, Justice Bako, thanked counsel to all the parties, party members and representatives of the media for their cooperation and publicity through out the hearing.The News Agency of Nigeria (NAN) reports that Khadi Adamu Usman and Justice Jude Obiora served as members of the Kaduna State Governorship Election Petition Tribunal.(NAN)JUDICIARY
Justices of the Apex Court and the Verdict of History

By Eugene Winful
With knees on our necks, gasping for the last breadth of hope for our nation, Nigerians are keeping vigil, by keeping hope alive to witness history in real time. Nigerians, Africa and the world are watching as our legal luminaries and judicial juggernauts take the center stage in these trying times of the State of our Union —adorning their horsehair wigs and gowns.
On whose side will history be? The onus is on their Lordships to prove their mettle as the distinguished jurists they are (or meant to be) in the discharge of their sacred duties.
Banish the thought that we might be constrained to say — As the court pleases! —even when we are not quite pleased!Below are 3 quotes I find interesting from a great Chinese Philosopher, Confucius.
* Isn’t it a pleasure to study and practice what you have learned?-Confucius.
* If I hear the way of truth in the morning, I am content even to die in that evening.-Confucius.
* When we see men of worth, we should think of equaling them; when we see men of contrary character, we should turn inwards and examine ourselves- Confucius.
For a lawyer to rise through the ranks to attain the position of a Judge of the Supreme Court in any country in the world, is a feat worthy of the highest recognition.
In the same breadth, where one who has risen to such enviable pedestal, is found wanting or compromised in one fell swoop, he or she would have completely eroded the years, the honor and dignity the position bestows on him/her.
If Judges have to be put in a position where all they are taught to stand for can be rubbished by greed, by all means, use the prospective baiter as an example to others who might be nursing such thoughts.
I don’t know if this is “lawful”, but pray, can Judges collect the inducement, tender same as evidence in court, and lodge the loot into the coffers of the Judiciary?- just the way Customs and Border Patrol, Police Officers of repute do in developed countries. Then, proceed to deliver judgment against the inducer to set precedent not only to up and coming Judges, but also as a valuable lesson to those who might contemplate indulging in such nefarious acts in order to deter prospective criminals that may think they could buy their way to favorable rulings and judgments.
If Judges can stand for the truth no matter what is dangled before their eyes, rest assured their names will forever be etched in stone.
No dignity equals that of “robed men” who have risen through the ranks in the legal profession to be counted amongst those that discharge fair and unbiased judgments sitting on the Apex Courts. But for such highly placed “supermen” to fall prey or be caught pants down, risking everything they have worked hard for and achieved over decades to attain would be a huge shame to be borne by their families and their generation.
If our Honorable Judges live up to the oath they have so sworn to uphold, by delivering judgments devoid of bias and strictly based on law and facts, it would be a new dawn in the writing of the opening chapter of Hope for a New Nigeria.
Where the other two arms of government are complicit, the Judiciary should stand tall by standing out.
FEATURES
Towards a Democracy-sensitive, People-oriented Judiciary

By Tunde Olusunle
That Nigeria’s very highly regarded *The Guardian* newspaper published a two-part editorial in the immediate past week on the nation’s judiciary, attests to the seriousness with which this arm of government is taken. *The Guardian* has deservedly earned its place in the nation’s media space, having survived four full decades, consistently making regular, daily showings on the newsstands.
This is despite the country’s unabated inclement socioeconomic situation which has summarily interred several other similar initiatives over the years. On Thursday March 16 and Friday March 17, 2023, an editorial titled “The judiciary and public criticism” featured on prominent pages of the authoritative publication. The editorial alluded to public denunciation of certain judgments delivered and actions taken, by the nation’s apex court and its leadership. Principally cited in the commentary, are pronouncements gifting Ahmed Lawan, president of the Senate, and Godswill Akpabio, former governor of Akwa Ibom state, tickets to contest the recent senatorial elections. Such appropriation was done by the Supreme Court, even when both political leaders did not participate in the primaries which would have presaged their emergence.Little known Bashir Machina had won the senatorial ticket for Yobe North, while Lawan was contesting the presidential ticket of the All Progressives Congress, (APC). Udom Ekpoudom a former deputy inspector general of police, (DIG), had also contested to represent Akwa Ibom North West zone in the senate, while Akpabio from the same zone, sought without success, the ticket of the nation’s top job. To the consternation of most followers of Nigerian politics, however, the Supreme Court ruled in favour of Lawan and Akpabio! Lyrics from *Unknown Soldier,* one of the classic hits of the maverick Afrobeat precursor, Fela Anikulapo-Kuti, appropriately capture such bewildering turn of events. Fela alludes to “government magic” which turns “red into blue and electric into candle!” The January 2020 “installation” in confounding circumstances, of Hope Uzodinma, by the Supreme Court, as governor of Imo State a few years ago, and the displacement of Emeka Ihedioha, remains fresh in popular consciousness.
Unsettled by accentuated public angst and vituperations against the Lawan/Machina and Akpabio/Ekpoudom twin-rulings, the Supreme Court through its director of information and press affairs, Festus Akande, issued a rejoinder. Titled: “Be mindful of unwarranted attacks on the judiciary,” the statement countered insinuations to the effect that sections of the judiciary had been compromised. Akande had stated that the concoctions to the effect that its justices were bought over “by some unknown and unseen persons, was nothing short of a bizarre expression of ignorance.” The release was very obviously a response to public bewilderment to the apex court’s arbitration in the substantial political litigations of Lawan vs Machina, and Akpabio vs the Independent National Electoral Commission, (INEC) and other interested parties. The Supreme Court, Dr Akande noted, was overburdened with nearly 600 cases deriving from the primaries of the various parties. The topmost arbiter in the land, Akande advanced, “was duty-bound to adjudicate on the matters brought before it to the best of its ability and in accordance with the law.”
Our recent very highly controversial and largely opaque general elections, have spawned additional responsibility for the Supreme Court. From parliamentary, to gubernatorial and thenceforth to the presidential elections, fall-outs, without doubt, will engage election tribunals and be escalated to the Supreme Court, in the weeks and months to come. Of the multilevel petitions emanating from the polls, that of the presidential election engenders the most interest and attention of Nigerians and indeed the global community. This is understandable given the pivotal place and preeminence of the president to the superintendence over, and guardianship of the people and the state. A winner, Bola Tinubu of the All Progressives Congress, (APC), was in the early hours of Wednesday February 28, 2023 returned by INEC.
There are, however, crystal clear, convincing and compelling reasons to interrogate the authenticity and veracity of the electoral exercise which produced him, in its totality. INEC which supposedly, had been preparing for the recent elections for four full years since the last general polls, pooling resources close to the one billion US dollar mark, delivered a complete sham, a shameful string of elections. INEC’s pretences and deceit of Nigerians about technological innovations to enhance and ensure seamless, fraud-proof, open, transparent and believable elections, was a colossal scam. The process was a perfidious bouquet of gross impunity, unashamed indiscretions, unparalleled and unpardonable lawlessness, unacceptable violence, brazen electoral thievery and mass disenfranchisement among others. The Centre for Democracy and Development, (CDD), reports that Nigeria’s recent electioneering, claimed 109 lives, which means more than one death per day within the period.
Mahmood Yakubu, a professor of History and INEC’s chairman for a second term of four years, delivered the most preposterous general elections this fourth republic. If the performance of Maurice Iwu, also a professor and Yakubu’s last but one predecessor was presumed controversial, Yakubu has unwittingly beatified Iwu. Yakubu’s outing fell way below the basement of global best practices. The characterisation of the elections by the local and global media, has been most unsparing. *The Economist* described the presidential election as “a chaotically organised vote and messy count.” An editorial by *The Financial Times* said the poll was “deeply flawed” and the winner “a wealthy political fixer.” *Aljazeera* wrote about “How violence robs Nigeria of their votes.” A Canadian newspaper also writes that “depression, anxiety, uncertainty be-clouds Nigeria’s political space as a drug-kingpin wins the election.”
Yakubu’s regime which popularised the culture of “inconclusive elections,” has equally introduced the dismissive expression, “go to court,” to the nation’s electoral vocabulary, in direct reference to disaffected parties. Atiku Abubakar, Nigeria’s former vice president, flew the flag of the Peoples’ Democratic Party, (PDP) at the recent presidential poll. There is substantial, even mind-boggling evidence to the effect that he won the election. Theories and hypotheses about the pre-election cannibalism of his vote tally by Peter Obi’s breakaway from the PDP to the Labour Party, (PDP), and the *G-5* governors, fall flat in the face of tangible evidence. Obi, by the way, filed his petition investigating the process of the emergence of Tinubu as president-elect, 24 hours before Atiku’s.
There is apprehension that electoral malfeasance as already committed and legalised by the issuance of the apposite “Certificate of Return,” (CoR) is *fait accompli.* Atiku, however, is calling for the withdrawal of Tinubu’s CoR, on the basis of “noncompliance with the electoral act, which invalidates Tinubu’s election.” While observing that by-passing and non-use of BVAS in the transmission of results impugned the integrity of the polls, Atiku also listed a dozen corrupt practices perpetrated by INEC to swing the election in favour of Tinubu. The suppression of votes; manipulation of ballots and ballot boxes; manipulation of BVAS machines; manipulation of accreditation and collation, and the manipulation of election material(s) delivery, feature among these infractions. Manipulation of election material(s); reverse logistics; massive thumb-printing of ballot papers, destruction of electoral materials; mutilations, cancellations; overwriting on result sheets, have also been highlighted in the petition. Atiku urges the court to either declare him Nigeria’s president or order a fresh election. Atiku’s core desire is that the votes of the people, their franchise, should count, consistent with global democratic traditions and expectations.
Flowing from recent experience where the judiciary has been repeatedly kicked around and disrespected by the executive, there are palpable concerns that the judiciary as presently constituted may not be in a position to deliver justice. The homes of revered judges and justices were breached under the cover of night in places, by operatives of the secret police, ostensibly to search for monies paid to them to influence judgements, under the present regime. The manner of the suspension, arraignment and summary retirement of Walter Nkanu Onnoghen, former CJN within the 2019 electoral season, reaffirms the dilemma of the judiciary under an all-powerful executive arm of government. There are apprehensions about the plausibility of objective, dispassionate, independent opinion and adjudication, by the Supreme Court. Yet, there is no better time for the judiciary to exercise its professionalism, forthrightness, and alignment with popular will and democracy, than at this time in our national and democratic evolution.
Certain video clips have been trending of late, depicting the incumbent CJN, Olukayode Ariwoola as presumably politically partisan. Ariwoola spoke at a banquet in his honour in Port Harcourt late last year, expressing delight that the governor of his state, Seyi Makinde, was a member of the *G-5* faction of governors in the PDP. Whereas Ariwoola said he intended to recommend to the Oyo State governor the handbook of infrastructural development in Rivers State, the manner of his expression lent itself to dialectics. There are also salient doubts accentuated by the nepotistic governmental manual operated by the outgoing President Muhammadu Buhari. Faith and ethnicity, more than anytime in our political trajectory, sadly, have played very critical roles across the broad canvas of governance and administration under Buhari.
There are reservations that justice may be difficult to get under a judiciary headed by a kinsman of the president-elect, if the latter, who hails from Lagos State, gets sworn-in. CJN Ariwoola hails from Oyo, in the same south west geopolitical zone like Bola Tinubu. An online newspaper has just reported that Ariwoola was in London on a short vacation, during which he will hold a secret meeting with Tinubu who himself was reported to have travelled to Paris earlier this week. Will all of these impact on honesty, believability and transparency at the coming arbitration? This is a unique opportunity for the judiciary to rediscover and reassert itself as the irrepressible temple of truth and justice in the service of democracy and the people.
*Tunde Olusunle, PhD, is Special Adviser on Media and Publicity to Atiku Abubakar, GCON, presidential flagbearer of the Peoples’ Democratic Party, (PDP)*
JUDICIARY
Justices of the Apex Court and the Verdict of History

By Eugene Winful
With knees on our necks, gasping for the last breadth of hope for our nation, Nigerians are keeping vigil, by keeping hope alive to witness history in real time. Nigerians, Africa and the world are watching as our legal luminaries and judicial juggernauts take the center stage in these trying times of the State of our Union —adorning their horsehair wigs and gowns.
On whose side will history be? The onus is on their Lordships to prove their mettle as the distinguished jurists they are (or meant to be) in the discharge of their sacred duties. Banish the thought that we might be constrained to say — As the court pleases! —even when we are not quite pleased!
Below are 3 quotes I find interesting from a great Chinese Philosopher, Confucius.
* Isn’t it a pleasure to study and practice what you have learned?-Confucius.
* If I hear the way of truth in the morning, I am content even to die in that evening.-Confucius.
* When we see men of worth, we should think of equaling them; when we see men of contrary character, we should turn inwards and examine ourselves- Confucius.
For a lawyer to rise through the ranks to attain the position of a Judge of the Supreme Court in any country in the world, is a feat worthy of the highest recognition.In the same breadth, where one who has risen to such enviable pedestal, is found wanting or compromised in one fell swoop, he or she would have completely eroded the years, the honor and dignity the position bestows on him/her.If Judges have to be put in a position where all they are taught to stand for can be rubbished by greed, by all means, use the prospective baiter as an example to others who might be nursing such thoughts.
I don’t know if this is “lawful”, but pray, can Judges collect the inducement, tender same as evidence in court, and lodge the loot into the coffers of the Judiciary?- just the way Customs and Border Patrol, Police Officers of repute do in developed countries. Then, proceed to deliver judgment against the inducer to set precedent not only to up and coming Judges, but also as a valuable lesson to those who might contemplate indulging in such nefarious acts in order to deter prospective criminals that may think they could buy their way to favorable rulings and judgments.If Judges can stand for the truth no matter what is dangled before their eyes, rest assured their names will forever be etched in stone.
No dignity equals that of “robed men” who have risen through the ranks in the legal profession to be counted amongst those that discharge fair and unbiased judgments sitting on the Apex Courts. But for such highly placed “supermen” to fall prey or be caught pants down, risking everything they have worked hard for and achieved over decades to attain would be a huge shame to be borne by their families and their generation.If our Honorable Judges live up to the oath they have so sworn to uphold, by delivering judgments devoid of bias and strictly based on law and facts, it would be a new dawn in the writing of the opening chapter of Hope for a New Nigeria. Where the other two arms of government are complicit, the Judiciary should stand tall by standing out.