ATIKU’S SEARCH FOR JUSTICE AT THE ELECTION TRIBUNAL

The unanimous declaration of the three witches in William Shakespeare's play, MACBETH, that “fair is foul and foul is fair”, means anything goes as far as we achieve our aim. Atiku seems to disagree with the assertion of Shakespeare’s witches that foul is not fair. Atiku standing on this premise is seeking justice in election tribunal in what he termed his “stolen mandate” of his presidential ambition.  The witches had resolved to meet “upon the heath when the hurlyburly’s done, when the battle is lost and won”. Atiku has pledged to meet the APC in court as the elections have been lost by the Peoples Democratic Party and won by the All Progressives Congress represented by Atiku, and Buhari respectively.

The presidential election, the ultimate battle for the seat of the national government, Aso rock, was conducted on the 23^rd of February, 2019, with the results released on the 27^th of same month. The incumbent Muhammadu Buhari polled the total votes of 15,131,847, to defeat Atiku Abubakar of the Peoples Democratic Party who polled the total votes of 11,267,978. The latter was squarely defeated with about four Million votes according to the announcement of the Electoral Management Body, the Independent National Electoral Commission (INEC). This bitter pill is evidently too difficult for Atiku to swallow with the water of peace; hence he is headed for the Presidential Elections Petition Tribunal.

The presidential candidate of the PDP, like every Nigerian, has the constitutional right to seek redress in competent courts of jurisdiction. .Atiku who has penchant for peace and obedience to the rule of law has decided to toe this legal path. He has gathered his Legal Team ably led by the experienced Livy Ozoukwu (SAN). Atiku has defied the assertion of the witches that foul can never be fair in this circumstance. He has commenced the preliminaries of the suit by the court granting him access to examine some sensitive materials used in the conduct of the presidential elections. The full blast of the legal tussle will begin in not too many days to come.

With all objectivity and every sense of responsibility, it will be a very tall dream for Atiku to realize his intention. This is based on the antecedence of similar cases that have gone beyond the Tribunals even to Supreme Courts.

Retrospectively, when Late Chief Obafemi Awolowo of the defunct Unity Party of Nigeria (UPN) approached the supreme court for interpretation of a fraction of two-thirds of 25% of nineteen States, and that late Shehu Shagari won the elections by polling higher votes but could not be returned elected because he did not meet the constitutional requirements, the Court decided otherwise in favour of the declared winner of that election. Awolowo polled 4,906,851 votes, while Shagari polled 5,688,857 votes as announced by the Federal Electoral Commission (FEDECO) on September 26, 1979.. As brilliant and persuasive the arguments of Chief Awolowo were, the court never ordered even a re-run. Shagari won the case and was even contested and re-elected in the 1983 presidential polls.

Similarly, the then presidential candidate of the Congress for Progressive Change (who is incidentally the current president of Nigeria, under the APC) Muhammadu Buhari, dragged the Peoples Democratic Party to court when he contested with late Umaru Yar’adua in 2007. Yar’Adua polled 2,4638,063 votes against Buhari’s 6,603,299 votes. Umaru in his sincerity even confessed that the elections conducted that year was not devoid of obvious flaws. Despite that confession, the Court did not upturn the results in favour of Buhari. Buhari contested against Goodluck Jonathan in 2011. He (Buhari) cited widespread manipulations and electoral violence, and headed for the courts again. His plea was thrown to the dustbin. So in both cases, he lost with bleeding nose.

In one of our classes in Political science, am erudite Scholar, Professor Authur Davies, of blessed memory, asserted that when it comes to judgment on cases involving Presidential elections, the Court would rather use its discretion in handling such cases. No court would pass a judgment that would result in protracted national crises and avoidable catastrophe. Recently, Chief Olisa Agbakoba in his comment (in PUNCH Newspaper online) on Atiku’s move accused Buhari of removing Walter Onnoghen replacing him with the Chief Justice of Nigeria, Mohammed Tanko.  He further complained that the “burden of proof to succeed in the election petition is unfairly huge” and that he was ‘worried about the historical precedent as no petition on presidential election result has ever succeeded”

Atiku’s approach to the Courts might end in mere academic exercise and for record purpose just like others before it. It will be just a mirage and loud burst of hope for those anticipating him becoming the president of Nigeria following the recently conducted election. It may be a point of reference for further research for the Electoral Umpire on how to improve on their performance in subsequent elections in the country. But for the Court to upturn the election, and declare him the winner might be a dream to be realized in the next millennium or in the utopian world. The Court will not even order a re-run, worse still  It is good Atiku goes to Court, because the lessons that will be learnt there will be for the benefit of the entire nation. It could be Atiku’s further contribution for better electoral processes in Nigeria.