#Hope Classic

Supreme Court’s dismissal of Atiku/PDP’s petition

Supreme Court’s dismissal of Atiku/PDP’s petition

The Supreme Court, on Wednesday dismissed the appeal filed by Alhaji Atiku Abubakar, of the Peoples Democratic Party, against President Muhammadu Buhari’s victory, for lack of merit. The court, however, promised to give the legal rationales at a later date. The Hope Classic speaks with some lawyers on their reactions to the decision of the court. 

Excepts:

Mr. Olaleye Akintububo

One cannot say much for now regarding the judgment due to the fact that the Supreme Court just dismissed the appeal for lacking  merit and promised to give its legal rationales at a latter date.

All the same, as far as legal firework and tussle is concerned in Nigeria, the Supreme Court has the final say even if its judgment is per incuriam, that is, a wrong judgment. 

It is a prior truth that the Supreme Court is not final because it is infallible. But the Apex Court is infallible, because it is the final court. This means the Justices of the Supreme Court are human beings who are prone to errors.

 So, they are not supreme because they are immnuned from committing error. But they are supreme even in their errors as the final court of the land.

Miss Olubunmi Akinola

The Chief Justice of Nigeria (CJN), Justice Tanko Muhammad, was reported to have said as follows:

“We have examined all the briefs of argument and the exhibits for over two weeks and we have all agreed that there is no merit in this appeal. The appeal is hereby dismissed.”

Related News  Does wife have rights over husband's property after death?

It is a success for the judicial system that has looked into the mandate that majority of Nigerians gave this government.

It is a further reinforcement of the supremacy of the people, votes of the people that the Supreme Court confirmed the decision of the Court of Appeal by affirming the mandate that has been accorded President Muhammadu Buhari.

Law is not a one way thinking baseline. It is for people with multidimensional approach to issues. Poor legal analysis will always bring a poor result.

On the other hand, the statement made by the CJN makes it obvious that the decision to dismiss the appeal as lacking merits was not taken at the sitting of the Supreme Court on October 30, 2019.

The decision had been taken during an examination of “all the briefs of argument and exhibits for over two weeks , before the court sitting on the October 30, 2019.

The question arising now is; Can the Supreme Court function as regards the hearing of the appeal before the seven-man panel to hear the appeal was appointed and the names of the members announced to the public?

When exactly was the appointment of members of the panel made?

The examination of all the briefs of arguments and exhibits as announced by the CJN in his statement should have been done in the presence of the parties and be done in public.

In life, there will always be a winner and a loser.

My advice to the other party will be to accept the decision of the court. There is no judgement the court would have made that would have favoured both parties.

Related News  Does wife have rights over husband's property after death?

The most important issue should be how our dear country, Nigeria will get better.

Mr.  Luke Agada

Though, the Supreme Court has not given reasons while Atiku case was thrown away. The Chief Justice of Nigeria (CJN), Justice Tanko Muhammad, said while delivering the judgement “We have examined all the briefs of argument and the exhibits for over two weeks and we have all agreed that there is no merit in this appeal. The appeal is hereby dismissed. Reasons to be given on a date to be announced.”

So, in this regard, it is only when the Supreme Court gives reasons for that decision.

The judgement has put an end to the legal battle on 2019 Presidential election.

 As the case may be, since the CJN has promised to give reasons at a later date.

Let us wait.

Another thing is that, I must salute the courage of the Peoples Democratic Party (PDP) candidate, Alhaji Atiku Abubakar, for challenging the victory of President Muhammadu Buhari, up to Supreme Court.

He fought a good fight, but never won.

Mr. Adetowubo Adekunle

In my own view on the just delivered judgement of the Supreme Court between President Muhammadu Buhari and Alhaji Atiku Abubakar, suffice it to say that the reasons behind the decision of the judgement of the Supreme Court has not been serialized.

All that was said was that the petition lacks merit and was subsequently dismissed, wherein they offered to give reasons behind the ruling at a later date.

However, from the beginning, I have said it that nothing tangible can come out of the petition given the background of the events that predates the  constitution of members of the tribunal at the lower court  i.e. Court of Appeal

Related News  Does wife have rights over husband's property after death?

A decision where affidavit has taken the place of qualified certificate speaks volume. Again the body language of the Hon. Chief Justice of Nigeria that was sworn in with an exparte application ruling smacks of decency and a betrayal of rule of law. Nonetheless, I await to read the body of the judgment in other to make qualified contributions.

Going back to 1999 and till date, the Supreme Court has not been able to divorce itself from the grip of the executive arm of government to deliver a qualitative judgment when it comes to presidential appeal. May God deliver and help our country.

Share
Supreme Court’s dismissal of Atiku/PDP’s petition

ODSG committed to improving education standard

Supreme Court’s dismissal of Atiku/PDP’s petition

Akeredolu bags Excellence Award

Leave a comment

Your email address will not be published. Required fields are marked *