Civil Society group condemns those who had
advised PDP and President Jonathan not to challenge the result of the
March 2015 presidential polls on PVCs that had no provisions for its use
in the Electoral Act 2011.
It is not too late though because
the issues of Buhari's WAEC cert has not been resolved. Chief Mike
Ozekhome SAN was prosecuting one but withdrew the lawsuit. There were
other lawsuits on Buhari's eligibility prior to the presidential
election at the Federal High Court Abuja. Thank you.
Best
Attorney Carol Ajie
......................................................................................................................
Supreme Court Verdict On Rivers State
Governorship Matter & Related Issues: Struggle Continues!
(Intersociety Nigeria, 28th January 2016)-The heart of the leadership of International Society for Civil Liberties
& the Rule of Law (Intersociety) is filled with joy and encouragement
concerning the latest grounded judgment of the Supreme Court with respect to
Rivers State Governorship Election Petition. We also congratulate Governors
David Umahi of Ebonyi State and Akinkumni Ambode of Lagos State and people of
the two States as well as others over their recent electoral victories at the
Supreme Court; fundamentally anchored on the fact that “use of card-readers cannot
validly be used to invalidate the results of an election as it is conspicuously
not provided in the 2010 Electoral Act or the 1999 Constitution”.
By Section 287 (1) of the 1999
Constitution, the decisions of the Supreme Court of Nigeria (i.e. Rivers, Lagos and
Ebonyi Governorship Matters) are binding on all authorities and persons and all
courts subordinate to the Supreme Court, and shall be enforced in any part of
Nigeria. By this epochal decision, all gutter and grossly erroneous
card-reader based technical judgments of the lower tribunal and
appellate courts are hereby set aside. It is commendable and happily to observe
that most, if not all governorship related verdicts of the Supreme Court
following 2015 elections are well founded and grounded in the letters and
spirit of Nigeria’s existing electoral laws.
It is also shocking and alarming that the same
2015 elections adjudged by conformist CSOs of Southwest domination as the best election since 1999 had recorded
81 nullifications and 15 upturning by various electoral courts; thereby making
it the
worst nullified polls in the history of Nigeria. The number of
elections nullified following 2015 general polls in the country singly
outnumbered those of 2007 and 2011 put together (source: INEC January 2016).
Yet some conformist CSOs had already commenced international image laundering
campaigns for Prof Attahiru Jega to be bestowed with the likes of Mo
Ibrahim or Nobel Peace Prize awards; as the best INEC chairman Nigeria ever
had. We are again vindicated to the effect that the 2015 polls particularly the
presidential segment was scientifically rigged and delivered using demographic
and electronic voting manipulations.
The upgrading of the governorship
election petition matters to the Supreme Court in accordance with Section 233
(1) (i) (iv) of the 1999 Constitution is also legislatively striking and well
thought out. The refusal of the opponents of the presidential candidate of APC
(now President Muhammadu Buhari) particularly former President Goodluck
Jonathan and his PDP to challenge the former’s declaration as winner before any
electoral court in Nigeria is still condemned. It is also a major setback to
the growth of Nigeria’s jurisprudence.
It is our informed recommendation
that the entire 1,695 elective offices in Nigeria; other than the country’s
Local Governments’ chairmanship, deputy chairmanship and councillorship election
matters, should be upgraded to terminate at the Supreme Court as well. There is
extremely important need for the National Judicial Council (NJC) to beam its
searchlight at all times towards membership and quality of the election
petitions’ panel of judges. There are strong pieces of evidence suggesting that
politicians including some incumbent governors and their political parties
grossly influenced the appointment of electoral judges at the tribunals and
appellate courts as well as the verdict outcomes of election petitions
following the conduct of 2015 general elections in Nigeria.
The leadership of Intersociety
is today one of the leading rights advocacy voices in Nigeria
campaigning ceaselessly for the protection of the sanctity and independence of
the country’s judiciary and citizens’ liberties. This followed a destructive
and devastating attack launched at the country’s judiciary by the executive Presidency
of Alhaji Muhammadu Buhari. Gen Muhammadu Buhari once headed Nigeria’s military
tyrannical regime between January 1984 and August 1985. Since the assumption of
office on 29th May 2015, by the Buhari administration, Nigeria’s
human rights records, independence of judiciary and rule of law in general have
been at their lowest ebb.
We had on 10th November 2015
written the National Judicial Council (NJC) via a well grounded letter, titled:
Saving Nigerian Judiciary And
Democracy From The Hands Of Dictatorial Executive Arm: A Case Against Executive
Recklessness & Excesses In Rivers & Akwa Ibom Governorship Judicial Reviews & Extra-Judicial
Detention Of Citizen Nnamdi Kanu Of IPOB (2). Another important letter
of ours was addressed to the same NJC via its chairman, Hon Justice Mahmud
Mohammed; who is also the Chief Justice of Nigeria (CJN). The letter was dated
13th of December and titled: Unconstitutional
Laws & Court Orders On Rampage In Nigeria: A Case Against Hon Justice
Adeniyi Ademola Of The Federal High Court (Abuja Division) & Section 27 (1)
Of The Terrorism Prevention Act Of 2011 (As Amended).
Gladly, in the CJN’s reply to the
leadership of International Society for
Civil Liberties & the Rule of Law (Intersociety), which was dated 12th
of January 2016 and referenced: CJN/GEN/MISC/A.37/Vol.XIX/273,
he commended our leadership and urged us “to continue to have confidence in
the judiciary”. The CJN also assured us of “the ability of the judiciary to
resolve the Nnamdi Kanu’s case justly and judiciously”. With respect to our
grouse against Hon Justice Ademola Adeniyi of the Abuja Division of the Federal
High Court who issued the constitutionally abominable 90 days court remand order
for investigative detention of Citizen Nnamdi Kanu; warranting his being
dragged to the NJC, it has been overtaken by events and we bear no further
grudges against his office or person.
We commend the CJN for his fatherly
response and assure his esteemed office of our total resolve to ceaselessly
join forces with the Nigerian Judiciary and other non conformist stakeholders
to fight and dwarf all forces of darkness bent on tainting the sanctity of the
judiciary and castrate its independence; all in their dark bid to strip our
hallowed judiciary of its immortal feat as the bastion of democracy and last hope of
common man. Assuredly, any attempt or effort by them to turn the
country’s judiciary into an unholy proponent
of darkness, rule of jungle and un-constitutionalism in Nigeria will be
resisted and crushed.
Further, following the transmission
of two new “anti corruption law bills” to the leadership of the National
Assembly by the office of the Attorney General of the Federation seeking their
passage into law, which was read yesterday, Wednesday, 27th January
2016 before the floor of the Senate by Senate President, Bukola Saraki we
caused a strong worded letter to be addressed to the Senate President and the
Speaker of the House of Reps urging the Red and the Green Chambers to
reject and tear to shreds all forms of proposed unconstitutional enactments that may
be brought to their legislative attention by the executive Presidency of Gen
Muhammadu Buhari. We also urged them to retrieve and amend or constitutionally
restructure any unconstitutional and anti citizens’ liberties’ enactment or
legislation in use in Nigeria. The letter under reference is dated 28th
of January 2016 and titled: Buhari’s Proposed Anti-Corruption Laws: A Call For Rejection
Of All Forms Of Unconstitutional Enactments In Nigeria. It was
also referenced: Intersociety.Org/NG/001/01/016/NA/ABJ.
We had in
the letter observed that there are a number of unconstitutional federal
legislations passed recently and made operational in Nigeria. Chief among them
is the Terrorism Prevention Act of
2011, as amended in 2013 particularly its Section 27 (1), which
unconstitutionally empowered a security officer to obtain a court remand order
from a high court for purpose of detaining under investigation or pretrial of a
citizen merely accused of committing offense of terrorism in Nigeria for a
period of 90 days.
The 90
days investigative or pretrial detention is made subject to continuous renewal
for more 90 days until the investigating security officer or agency is
satisfied or saturated with his or its investigation. The unconstitutionality
of this section is expressly contained in Section 35 (4) (a) (b) of the 1999
Constitution under right to personal
liberty. The important Section under reference prohibits pretrial
detention of any citizen involved in allegation of committing a capital offense
(i.e. terrorism) beyond 60 days without being released on bail or
unconditionally. It also provides that no citizen who is arrested and detained
but granted pretrial bail should continue to be so accused beyond 90 days
without being charged and tried judicially.
Following
these, we demanded that the two new anti corruption bills: Money Laundering Prevention &
Prohibition Bill 2016 and the Criminal Matters Bill 2016 must not be
debated or passed behind the scene or off public knowledge or inputs of
Nigerians. That is to say they must be debated publicly so that Nigerians will
know their contents and make inputs and ensure they are made coherent and
consistent with the provisions of the 1999 Constitution particularly the
Chapter Four or Fundamental Human Rights. The letter under reference was copied
to the Attorney General of the Federation & Minister for Justice. A copy of
the letter is attached below for further details and authentication.
Signed:
Emeka
Umeagbalasi, Board Chairman
Mobile
Line: +2348174090052
Chinwe Umeche, Esq., Head, Democracy
& Good Governance Program
Obianuju Joy Igboeli, Esq., Head,
Civil Liberties & Rule of Law Program