1.0 INTRODUCTION1.01 At the 5th Emergency Meeting of the National Judicial Council held on 9th March, 2011, a Five-Man Fact Finding Panel was set up to look into the petitions against the Hon. Chief Justice of Nigeria, and Chairman, National Judicial Council,

Hon. Justice Aloysius Katsina-Alu, GCON, the Hon. President of the Court of Appeal, Hon. Justice I. A. Salami, OFR and some Justices of the Court of Appeal in respect of the Sokoto, Ekiti and Osun States Governorship Appeals, respectively.

1.02 The Panel was initially given two months to complete its assignment, but because of the numerous witnesses that appeared before it and requests by Parties for adjournments, the period was extended by another month.

1.03 The Panel consists of:

i.) Hon. Justice Umaru Abdullahi, CON Chairman

ii.) Hon. Justice E. O. Ayoola, CON Member

iii.) Hon. Justice D. O. Edozie, CON Member

iv.) Hon. Justice M. E. Akpiroroh, JCA (Rtd) Member

v.) Mrs. Rakiya Sarki Ibrahim, MON Member

1.04 Mr. Eugene I. Odukwu, Director Administration and Alhaji Muhtari A. Tambawel, Director, Planning, Research and Statistics were assigned as Secretaries of the Panel.

1.05 Subsequently, the Panel sat on 23rd March, 11th and 12th April, 18th, 19th and May and further sat on the 8th, 9th and 21st June, 2011.

2.0 METHODOLOGY

2.01 The Panel at its inaugural Meeting agreed on the modalities to be adopted. Having regard to the sensitivity and the importance of the assignment, the member decided to consider and focus on the essential issues that are germaine to the assignment.

In the circumstance, the Panel decided to approach the work with all sense of fairness. It therefore becomes necessary that members have to study all the relevant documents- available to them and assess each one of them to determine its relevance to the Panel’s mandate.

•CJN, Katsina-Alu & Court of Appeal president, Hon. Justice I. A. Salami

2.02 Having studied all the complaints and petitions concerning the Hon. Chief Justice of Nigeria (CJN) and the Hon. President, Court of Appeal, (PCA), it became clear that the central issues concerned petitions and complaints in respect of Sokoto State governorship matter and Ekiti State and Osun State governorship matters.

2.03 All the Petitions were looked into and only those considered relevant to the Panel’s assignment were selected for further-consideration. Some were left out because they were merely lifted from the Petitions of others and had nothing original to proffer. Other attempted to involve the Panel in a futile exercise of review of the judgment of the Court of Appeal.

2.04 In order to simplify the work, the Panel decided to sub-divide it into three sections, viz:-

1) The Sokoto State Governorship issue as Section I;

2) The Ekiti and Osun States Governorship issues as Section II; and

3) Other issues that do not strictly come within the mandate of the Panel as

Section III.

2.05 Invitation letters were sent to the Parties concerned to come along with their Witnesses and Counsel if any with a view to giving each of them fair hearing in keeping with the Council’s policy.

2.06 The parties invited were:-

i) Dr. Abubakar Mohammadu Sokoto;

ii) Lt. Gen. J. T. Useni (Rtd);

iii) Comrade Prince Collins Eselemo;

iv) Yahaya Mahmood, Esq.;

v) Senator Umaru Dahiru;

vi) The Hon. Chief Justice of Nigeria , Hon. Justice A. I. Katsina-Alu, GCON;

vii): The Hon. President, Court of Appeal, Hon. Justice L A. Salami, OFR•

viii) Hon. Justice Dahiru Musdapher, CFR;

ix) Chief Segun Oni; and

x) Otunba Sunday Ojo-Williams.

2.07 On the request of the Parties, the following were also invited to appear before the Panel, viz:-

i) Hon. Justice B. O. Babalakin, CON;

ii) Hon. Justice A. L Iguh, CON;

iii) Hon. Justice M. M. A. Akanbi, CFR;

iv) Hon. Justice M. Dattijo Mohammed;

v) Hon. Justice Paul A. Galinje;

vi) Hon. Justice John Inyang Okoro;

vii) Senator Lawali Shuaibu; and

viii) The Chief Executive Officer, MTN .

2.08 Although, Prince Olagunsoye Oyinlola, former Governor of Osun State was not invited, he nevertheless appeared before the Panel and his evidence was also taken.

2.09 The following persons also gave evidence before the Panel:-

i) General Bashir Magashi;

ii) Alh. Muhammad Maigari Dingyadi;

iii) Theophilus Ndubuisi Onyia (NSA Representative);

iv) Mr. Rotimi Odusola;

v) Mr. Adeolu Oyinlola;

vi) Mr. Sherif Usman; and

vii) Mr. Tanimu Aminu Turaki, SAN.

2.10 The Panel informed the parties from the on set that its assignment was fact finding and Parties were free to call witnesses and to produce both oral and documentary evidence. The Panel left it open for Parties to decide what witness or witnesses they may wish to call and it facilitated sending out invitations to witnesses through the Secretariat.

2.11 Parties were allowed access to all documents filed and exchanged by either side. Needless to mention that all the Parties came with retinue of Legal Practitioners to present their side of the story, that in fact almost turned- the proceedings into something akin to a full blown trial with occasional objections to admission of documents which resulted into inviting of rulings as well as rigorous cross-examinations.

The Panel in consultation with Parties, fixed dates for hearing and taking of evidence from witnesses who could either affirm before giving evidence or simply go ahead- and narrate their evidence.

2.12 The Panel would like to mention that in some incidences, it was put to a great test of its patience. Having appreciated their responsibility, members however were able to contain most of the provocations and moved on to the conclusion of the assignment.

3.0 BACKGROUND FACTS TO THE ALLEGATIONS

3.01 The allegations we treated as mentioned earlier are primarily concerned with Sokoto State governorship issue and the Ekiti and Osun States governorship issues.

4.0 SECTION I – THE SOKOTO STATE GOVERNORSHIP ISSUE

The Sokoto State issue has three parts. PART A relates to complaints against the Hon. Chief Justice of Nigeria (CJN) by the Democratic Peoples Party (DPP). PART B relates to allegations against the Chief Justice of Nigeria by Hon. Justice LA. Salami the President of the-Court of Appeal (PCA).

PART C relates to complaints by Mr. Yahaya Mahmood, Esq, Solicitor to the Independent National Electoral Commission (INEC) and Mr. Alfred N. Agu, Esq, Solicitor to -the Governor of Sokoto State-against the President, Court of Appeal.

4.01 PART A: COMPLAINT AGAINST THE HON. CJN BY THE DEMOCRATIC PEOPLES PARTY (PDP)

4.01.1 Arising from a complaint received by the Chief Justice of Nigeria from Mr. Yahaya Mahmood, Esq and Mr. Alfred N. Agu, Esq on 08/02/2010 or 15/02/2010, the Chief Justice of Nigeria invited the Hon. President of the Court of Appeal to his Chambers after some discussions with Hon. Justice Dahiru Musdapher on the matter.

The discussion between -the three of them did not solve the problem. On the 18th February, 2010, the Chief Justice of Nigeria wrote a letter to the President, Court of Appeal intimating him of the complaints, attaching copies of the complaints .

And at the same time, informing the President, Court of Appeal to ensure that further action on the appeal is put on hold pending the determination of the serious allegations against him and the Justices of the Panel. The Chief Justice of Nigeria requested the President, Court of Appeal to forward his comments to him the following day. The judgment in issue had been slated to be delivered on the 24th of February, 2010.

4.01.2 Another letter dated 19th February, 2010 was written by the Chief Justice of Nigeria to all Justices of the Court of Appeal on the Panel of the Sokoto Governorship Appeal, forwarding copies of the complaints to them.

The Chief Justice of Nigeria requested them to forward their comments to him on 22/02/2010 and at the same time, informing them to ensure that further action on the appeal is put on hold, pending the determination of the serious allegations leveled against them and the President, Court of Appeal.

However, on 24/02/2010, after hearing submissions of Counsel- for the parties as to whether or not to put the judgment on hold, the Justices ruled that they would in the interest of their reputation which was at stake put the judgment on hold pending the investigation of the allegations against them.

4.01.3 On account of these letters and the ruling of the Panel after taking addresses of Counsel, the delivery of the judgment and other pending matters relating therewith were suspended.

4.01.4 On 22nd February 2010, the Democratic Peoples Party (DPP) through one Dr. Ademola Adebo, for the National Chairman of DPP, Lt. Gen J.T. Useni (Rtd), wrote a petition to the National Judicial Council against the Chief Justice of Nigeria alleging perverting and subverting the spirit of the Constitution, misconduct and- contravention of the Code of Conduct by ordering a stay and arrest .of judgment in Sokoto State Governorship Election Appeal.