Buhari vs Jonathan: CJN constitutes 7-man panel to hear CPC’s appeal

BY IKECHUKWU NNOCHIRI, Abuja
The Chief Justice of Nigeria, CJN, Justice Justice Dahiru Musdapher, has constituted a 7-man panel of Justices to hear the appeal that was lodged before the Supreme Court by the Congress for Progressive Change, CPC.

The opposition party had gone before the apex court to challenge the verdict of the Presidential Election Petition Tribunal that on November 1, not only dismissed its petition against the results that were ascribed to its candidate after the April 16 Presidential election, but equally affirmed President Goodluck Jonathan as the bona-fide winner of the contest.

It is specifically urging the Supreme Court to set aside the judgment of the tribunal by annulling the said election and mandating the Independent National Electoral Commission, INEC, to organise a re-run election between its candidate, General Muhamadu Buhari (Rtd) and the candidate of the Peoples Democratic Party, PDP, President Jonathan.

President Goodluck Jonathan and Gen. Muhammadu Buhari (rtd)

In the alternative, it is praying the apex court to remit the case-file back to the Abuja Division of the Court of Appeal which sat as the Presidential Election Petition Tribunal and order the Appeal Court President to constitute a fresh panel to hear the appeal de-novo (afresh).

Though hearing has not commenced on the appeal due to absence of a panel to preside over the matter, however, the CJN in a statement he issued through the Chief Registrar of the Supreme Court, Mr Sunday Olorundahunsi yesterday, disclosed that the 7-man panel will begin sitting on the suit on Tuesday, December 13.

CPC had on Thursday, pleaded the apex court to take cognizance of the fact that in-line with the provisions of the Electoral Act,  the appeal will become statute bar if it is not heard and determined within 60 days from the filing date.

Those that were listed as respondents in the appeal are, the Independent National Electoral Commission, INEC, its Chairman, Professor Attahiru Jega, the Resident Electoral Commissioners in the 36 states of the federation and the FCT, President Jonathan, his Vice and the Peoples Democratic Party.

Sequel to the verdict of the Abuja Division of the Court of Appeal that sat as the Presidential Election Petition Tribunal, the CPC, on November 11, went to Supreme Court with a view to getting a higher order that will nullify the April 16 election.

In a brief of argument it entered at the apex court registry on November 28, the opposition party, contended that the trial tribunal erred in law when it rejected documents required to prove multiple thumb printing, non-distribution of electoral materials, as well as, occasioned miscarriage of justice by not ascertaining the actual number of required voters, the accredited number of voters and the actual number of voters that voted in the disputed election.

Consequently, it is praying the apex court to make an order directing the President of the Court of Appeal to direct another panel to entertain and determine the petition by way of a re-trial.

CPC insisted that the 5-man panel of justices led by Justice Akaahs Kumai Bayang, which heard the case ab-initio, erred in law when they lumped together evidence of respondents’ witnesses, even after it had acknowledged them as different sets of respondents.

It further argued that the panel misdirected themselves when they held that the mere assertion of the petitioner that the election was flawed would not shift the burden of disproving the assertions on the respondents and that the onus lied on the appellant to prove non-compliance.

More so, it will be recalled that the Presidential Election Petition Tribunal on November 1, held that the April 16 election was free, fair, and credible, just as it dismissed CPC’s petition in its entirety for grossly lacking both in merit and substance.

The tribunal, in a unanimous judgment, held that President Jonathan was validly elected having secured two thirds (22, 471, 370) of the lawful votes cast during the election.

The chairman of the panel, Justice Akaahs maintained that the CPC failed to discharge its burden of proof even on the balance of probability, adding that the party did not prove that non-compliance with the provisions of the Electoral Act affected the election result in any way.

CPC had in its petition, challenged results that were garnered by the PDP in all the 17 states in the South, as well as in Sokoto, Kaduna, Plateau, Kwara, Benue, Adamawa, Nasarawa states in the North and the Federal Capital Territory, FCT.

The petitioner alleged that ballot papers meant for specific polling units were illegally diverted to other units and subsequently used for ballot stuffing.

It equally told the tribunal that a local printing company, Tulip Nigerian Limited, printed fake ballot papers that it said was used by the ruling party in rigging the election.

As a result, it pleaded the tribunal to nullify the presidential election and order a re-run between it and the PDP, a prayer that was refused and the petition dismissed.