2007 Poll: Yar’Adua Knows Fate Tomorrow

Indications emerged last night that the Supreme Court will deliver the final judgment in the legal challenges to President Umaru Musa Yar’Adua’s election tomorrow.
THISDAY learnt that the apex court had summoned all parties to the appeals on the judgment of the Presidential Election Tribunal to come for the delivery of judgment on Friday December 12, 2008.
Chief Justice of Nigeria, Justice Idris Kutigi, was said to have given the order for the hearing notices to be issued and served on the parties for the judgment.
The Action Congress (AC) presidential candidate in the April 21, 2007 election further lent credence to the date when he said last night that he was ready to accept any decision of the Supreme Court on the outcome of the presidential election.
The Supreme Court had on October 23, 2008 reserved judgment indefinitely in the appeals filed by Abubakar, and his All Nigeria Peoples Party (ANPP) counterpart, General Muhammadu Buhari (rtd) against the election of President Yar’Adua.
The Court of Appeal serving as the Presidential Election Petition Tribunal had upheld the election of President Yar’Adua of the Peoples Democratic Party (PDP).
In their separate appeals, Buhari and Atiku had prayed the apex court to upturn the decision of the election tribunal upholding the victory of Yar’Adua.
A full-panel of the court presided over by the Chief Justice of Nigeria had told counsel in the appeal that judgment date would be communicated to them.
All parties in the two appeals had adopted their briefs of arguments which contained all the issues they wanted to address on the disputed election.
Atiku in his brief of argument prepared by Chief Emeka Ngige (SAN) had held that heavens would not fall if Yar’Adua’s election was nullified.
He had also asked the apex court to stop the Independent National Electoral Commission (INEC) under the leadership of Prof. Maurice Iwu from conducting the re-run election, which he hoped would be ordered by the apex court.
Buhari in his brief of argument by his lead counsel, Chief Mike Ahamba (SAN), claimed that results in the election were arbitrarily assigned and that some of them were prepared before the election.
He added that results had not been announced in all the states before INEC went ahead to declare Yar’Adua as the winner of the presidential election.
But the lead counsel to President Yar’Adua, Chief Wole Olaipekun (SAN), had held that the two appellants did not prove their allegation that the election was not conducted in substantial compliance with the Electoral Act 2006 convincingly.
He said the documentary evidence produced by Buhari to prove that the election did not meet the required acceptable standard amounted to nothing because they needed the testimony of witnesses to have a life.
Olanipekun also held that Atiku participated in the election and could not have claimed that he was excluded.
In his submission, counsel to INEC, Chief Kanu Agabi (SAN) stated that the non-compliance identified by the appellants was not enough to vitiate the outcome of the election, adding that the appellants did not prove beyond reasonable doubt that the lapses in the conduct of the election affected the outcome.
In a statement last night by his media advisor, Atiku said, "Naturally, as stakeholders it is our desire that the apex court would redress the injustice done to us by the ruling party Peoples Democratic Party in the April 2007 Presidential election which was brazenly rigged by those who were bent on capturing power by hook or by crook.
“We would be most delighted if the verdict turns out in our favour because it is the right thing to do. We have devoted so much time and resources to prove our contention that the election was a sham."
According to the statement, "If, however, the Supreme Court rules against us for whatever reason known to the Justices, I will have no hesitation but to abide by the verdict.”
Atiku also said: "As a responsible and law-abiding politician, my commitment to the rule of law, peaceful quest for justice through our nation’s judicial institutions remain unshaken." According to the AC presidential flag bearer, "Also, my commitment to the oneness of Nigeria is non-negotiable. But while reiterating my belief in the rule of law and peaceful avenues for legal redress, I am not losing sight of the repercussions of deodorizing the unprecedented fraud in the 2007 presidential election.
“Such a decision will deepen our sense of injustice over the electoral heist perpetuated by anti-democratic forces last year. All eyes are on the Supreme Court Justices and whichever way they deliver their verdict on our appeal, will have far-reaching impact on the future of democracy in Nigeria.”