Buhari vs. Jonathan: S’Court fixes Dec 28 for judgment

Posted by admin Elections 2011, Goodluck Jonathan (2010-present), Muhammadu Buhari (1983-85), Presidency Tuesday, December 13th, 2011

By Ikechukwu Nnochiri

ABUJA – The Supreme Court, yesterday, fixed December 28 to deliver its judgment on an appeal lodged before it by the Congress for Progressive Change, CPC, seeking to sack President Goodluck Jonathan from office.

Chief Justice of Nigeria, CJN, Justice Dahiru Musdapher, who led six other justices of the apex court that presided over the matter, yesterday, adjourned for judgment after all the parties exchanged and adopted their respective written arguments.

The opposition party had gone to the apex court with a view to setting aside the verdict of the Presidential Election Petition Tribunal that on November 1 affirmed President Jonathan as the authentic winner of the April 16 presidential election.

The tribunal which held its sittings at the Abuja Division of the Court of Appeal not only dismissed CPC’s petition against the results ascribed to its candidate by the Independent National Electoral Commission, INEC, but equally held that the said election satisfied the express provisions of the Electoral Act and the 1999 constitution as amended.

However, the opposition party expressing its dissatisfaction over the decision of the tribunal, approached the apex court, praying it to set it aside by annulling the April 16 election and mandate INEC to organise a re-run election between its candidate, General Muhammadu Buhari (rtd) and that of the Peoples Democratic Party, PDP, President Jonathan.
In the alternative, it urged the apex court to remit the case-file back to the tribunal and order the Appeal Court President to constitute a fresh panel to hear the appeal de-novo (afresh).

Those that were listed as respondents in the appeal are, 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.

At the resumed sitting on the matter yesterday, the CJN who presided over six other justices, adjourned the case for judgment after all the parties in the suit adopted their briefs of argument.

Adopting their brief of argument, yesterday, counsel to the CPC, Mr Oladipo Okpeseyi (SAN) told the panel that the tribunal wrongfully evaluated the evidence adduced before it by the witnesses the party called before it.

According to him, “ the return of the 3rd and 4th (Jonathan and Sambo) as President and Vice President by the lower court was wrong and should be upturned by this court because it was unconstitutional

-Vanguardwp_posts