Atiku vs Buhari: One Month After, Supreme Court Yet to Constitute Panel

By Uche Mbah

About a month after Atiku’s lawyers filed an appeal against the Judgment of the Appeal Court in Abuja, the Supreme Court is yet constitute the panel to look into the appeal.

The Supreme Court is expected to constitute about seven Justices to hear the case.

There has been verbal altercations being thrown between the Supreme Court and coalition of Opposition parties, who had accused the Chief Justice of the Federation of yielding to pressures from the Presidency to abandon the age old precedent of using the seven most senior members of the bench in the Apex Court in the constitution of the panel. The Supreme court allegedly broke tradition and joined issues with the opposition parties, while the ruling party lent its support to the presidency.

The Supreme Court technically did not deny the allegation, according to the coalition of opposition parties.

The first seven Supreme Court Justices include the Chief Justice of Nigeria, Justice Muhammed Tanko, Justice Rhodes-Vivour, Justice Mary Odili, Justice Sylvester Ngwuta,  Justice Olukayode Ariwoola, Justice Musa Muhammad and Justice Kumai Akaahs.

The non-constitution of the Supreme Court was also recently lampooned by the Peoples democratic party caucus in the House of representatives. In there statement last week, they insisted on precedence being followed.

“Chief Justices of Nigeria through time have never in the selection of the Supreme Court’s Election Petition Appeal Panel surrendered to the phony dictates of the ruling parties”, they said in their joint communiqué.

“In 2008 when President Buhari, defeated by late President Umaru Yar’Adua, appealed the decision of the Presidential Election Petition Tribunal, the then Chief Justice, Legbo Kutigi, empaneled Justices Katsina-Alu, Aloma Mukhtar, Dahiru Musdapha, Walter Onnoghen, George Oguntade and Niki Tobi to hear the appeal that year.

“He was never dictated to, nor was any attempt made by our great party to influence CJN Justice Legbo Kutigi, who stuck to a conventional practice that consistently secured the seal of approval of past Chief Justices: CJN Fatai Williams, 1979; CJN George Sowewimo, 1983; and CJN Muhammad Uwais, 2003.

“CJN Katsina-Alu also followed CJN Kutigi’s steps in 2011 and kept to the age-long conventional practice. If there is any arm of government that regards precedents and practices as almost sacrosanct, it is the judiciary. Nigerian Judiciary cannot reverse that internationally accepted practice of stare decisis just to please A.P.C government and serve the interest of a select individual or group.

“Selecting the Supreme Court Panel isn’t about witch-pricking-pricking Justices who suck the blood out of justice isn’t about going outside the order of seniority to select Justices, witch-prickers, without independent jurisprudential thoughts and whose singular attribute for selection is that they demonstrate permanent dislike for justice and passion for doing the bidding of power.

“Surely, selection, Shorn off pressure and influence of the government and the present ruling party, is about demonstrating and holding firm to the constitutional powers of the Supreme Court to conduct its own affairs and not succumb to pervasive power and corrosive external influences.

“To sidestep precedents and convention is to provide legitimacy to the ruling party whose stock-in-trade is ridiculing the judiciary. Chief Justice Ibrahim Tanko must stick to precedents and conventions to preserve the integrity of the courts as the last hope of the common man and of citizens of our great country.

“We are, however, gladdened that on Monday 14th October 2019 through its Director, Press, and Information, Dr. Festus Akande, the Supreme Court refuted this intent and reassured the Nigerian public that it is out to “Serve the interest of the generality of the Nigerian masses and not select individuals or groups. We, therefore, pray and hope that the Supreme Court does not allow itself to fall into this gobble trap.”