By Atiku Abubakar

Someone asked me what I would do if I lost my election petition appeal at the Supreme Court. In response, I said that as long as Nigeria wins, the struggle would have been worth the while. By that, I meant that the bigger loss would not be mine but Nigeria’s if the Supreme Court legitimises illegality, including forgery, identity theft, and perjury.

If the Supreme Court, the highest court in the land, implies by its judgment that crime is good and should be rewarded, then Nigeria has lost and the country is doomed, irrespective of who occupies the presidential seat.

Obviously, the consequences of those decisions for the country will not end at the expiration of the current government. They will last for decades. I am absolutely sure that history will vindicate me. We now know what the Supreme Court has decided.

At critical points in my political life, I always ignored the easy but ignoble path and chose the difficult but dignified path, the path of truth, of morality, of democracy and rule of law.

I always chose freedom over servitude, whatever the personal discomforts my choice entails. When I joined politics, the critical challenge was easing the military out of power so that civilian democratic governance could be restored in Nigeria. It later became a very defining struggle, and, as one of the leaders of that struggle, I was targeted for elimination.

In one incident, nine policemen guarding my home in Kaduna were murdered in an attempt to assassinate me. I was also forced into exile for nine months. In addition, my interest in a logistics company that I co-owned was confiscated and given to friends of the military government. As Vice President in the civilian government that succeeded the military, I, again at great personal cost, chose to oppose the extension of the tenure of the government beyond the two four-year terms enshrined in our constitution.

In response to the official backlash against me, I instituted several cases in the courts, which led to seven landmark decisions that helped to deepen our democracy and rule of law. At the current historic moment, the easier option for me would have been to fold up and retreat after the mandate banditry perpetrated by the APC and INEC.

But I went to the Nigerian courts to seek redress. I even went to an American court to help with unravelling what our state institutions charged with such responsibilities were unwilling or unable to do, including unravelling the qualifying academic records of the person sworn in as our President and by implication, hopefully who he really is.

I offered that evidence procured with the assistance of the American court to our Supreme Court to help it to do justice in this case. I give this background to underscore that what we are currently dealing with is bigger than one or two presidential elections and is certainly bigger than Atiku Abubakar. It is not about me; it is about our country, Nigeria. It is about the kind of society we want to leave for the next generation and what kind of example we want to set for our children and their children.

It is about the reputation of Nigeria and Nigerians in the eyes of the world. We showed incontrovertible evidence that Bola A. Tinubu was not qualified to contest the presidential election because he forged the qualifying academic certificate, which he submitted to INEC. In fact, a simple check of Tinubu’s past records in its possession would have shown INEC that Tinubu broke the law and should not have been allowed to contest the election.

We showed irrefutable evidence of gross irregularities, violence, and manipulations during the elections. We showed incontrovertible evidence that INEC violated the Electoral Act and deliberately sabotaged its own publicly announced processes and procedures in order to illegally declare Tinubu elected. The position of the Supreme Court, even though final, leaves so much unanswered.

Even the rebuke by retired Justice Musa Dattijo Muhammad is a confirmation from within the apex court that all is not well with the Supreme Court. The court and indeed the judiciary must never lend itself to politicisation as it is currently the norm with nearly every institution in Nigeria. By the way, the strong rebuke of the apex court by the revered Justice, who had meritoriously served for more than four decades, should not be swept under the carpet.

The alarm raised by Justice Muhammad and recently, former INEC Chairman, Professor Attahiru Jega, offer Nigerians an explanation into why the electoral and judicial system have become the lost hope of the common man.

Judges are no longer appointed based on merit but are products of the interplay of politics and nepotism. Worse still, the appointment of electoral officials has also been hijacked by the ruling party, as seen in the latest nomination of Resident Electoral Commissioners, where card carrying members of the ruling party and aides to politicians in the APC are being appointed into INEC. When two critical institutions like the court and the electoral commission are trapped in an evil web of political machination, it becomes next to impossible for democracy to thrive.

As a stakeholder in the presidential election of 25 February, I, along with other well-meaning Nigerians have done my bit in ensuring that our democratic process enjoys the privilege of full disclosure of the character deficiencies of the current political leadership. I also believe that even if the Supreme Court believes otherwise, the purpose of technology in our electoral system is to enhance transparency and not merely as a viewing centre. We have to move with the world and not be stuck in time.

Implications of PEPC and Supreme Court judgments

I leave Nigerians and the world to decide what to make of the Supreme Court’s unfortunate decision. But here’s my take. The judgments of the PEPC and the Supreme Court have very far-reaching grave implications, including the following.

One is the erosion of trust in the electoral system and our democracy. Nigerians witnessed as the National Assembly changed the electoral law to improve transparency in the process. Of particular importance was the introduction of modern technology to help eliminate the recurring incidents of electoral manipulation, particularly during the collation of results. Nigerians and the world also witnessed as the leadership of the INEC, especially its Chairman and National Commissioner for Voter Education reassured Nigerians on national television multiple times that the use of that technology would be mandatory.

Yet, that same INEC undermined the use of that technology during the elections and collation process and declared as winner someone who clearly did not win the presidential election. They then went further to take sides in the courts in a dogfight to defend their illegality. Who would convince the millions of Nigerians to vote in future elections after they suffered endlessly on queues to register to vote, to collect PVCs and to vote, based on INEC’s assurances only to see their votes stolen and given to someone they did not vote for?

When people lose trust and confidence in elections, democracy is practically on life support. And by affirming and legitimising the continued lack of transparency in our electoral system, the courts are continuing to usurp the rights of voters to elect their leaders. The other grave implication is that contestants in Nigeria’s elections should do whatever is necessary to be declared the winner. That includes identity theft, impersonation, forging of educational and other documents, perjury, and violence.

And, as they do so, they should ignore whatever the law says and whatever assurances from the leadership of the electoral umpire about what the law says and what they would do in compliance. And they would do so knowing that our courts would approve of their behaviour or at best pretend not to take any notice of it. The third is that if you are robbed of victory, do not bother going to court for redress because your glaring evidence of the robbery will be ignored in favour of the mandate bandit.

Also, your lawyers, however distinguished and accomplished, may be ridiculed by the judges who may also go out of their way to make even a stronger case for the so-called “winner” than even their own lawyers were able to do. These are clearly self-help strategies and actions bereft of the law and constitutionalism. Only lawlessness and anarchy will result from such, with violence, destruction and implosion and loss of our country likely to follow.

I believe that we still have a small window to prevent these from happening. I still believe that we can rescue this country from the strange imposters that have seized it illegally and are holding it by the jugular. Let me caution that the leaders of those African countries that have completely collapsed into chaos never came together one day and agreed to collapse their countries. Rather their countries collapsed because of the incremental and compounding individual and collective utterances and actions of those leaders.

Nigerians know more about the person sitting in office as their President and how he got there, and the dangers that it portends for them and the country. It is for them, especially the younger generation whose futures are to be shaped by that man, to decide what they want to do with the knowledge.