Presidential petition panel: Atiku expresses worry over delay in naming justices

Forty-four days after his petition challenging the victory of
President Muhammadu Buhari at the February 23, 2019 poll was
dismissed, candidate of the Peoples Democratic Party in the
presidential election, Atiku Abubakar, has expressed worry over
delay by the Supreme Court to constitute the presidential election
appeal panel.

Atiku and his legal team said on Friday that they were concerned
about the delay in naming the Supreme Court Justices to sit on
their appeal against the Presidential Election Petitions Tribunal’s
ruling which dismissed their petition against the Independent
National Electoral Commission’s declaration of President Muhammadu
Buhari of the All Progressives Congress in the winner of the
election.

Atiku spoke through his media aide, Mr Paul Ibe, while Mr Mike
Ozekhome (SAN), spoke on behalf of the legal team in separate
interviews with our correspondents in Abuja.

Ibe said the delay should not affect a legal debate on the
contentious issues, adding that there should be enough time for
Atiku’s lawyers to present his case.

He said it was the responsibility of the Supreme Court to name
or constitute a panel of justices to hear the matter, adding that
Atiku’s interest should not be compromised owing to the delay in
naming the justices considering the time limit to hear and decide
the appeal.

Ibe said, “We hope that when eventually the panel is constituted
there will be enough time to robustly look at the issues. We hope
they will have the requisite time to do that and look at the
issues. That should be the concern of everybody so that justice is
not compromised. We hope that our interest and the interest of
Atiku Abubakar in this matter will not be compromised on account of
time. We are concerned. We are worried about it. We do not know why
it is taking this long.”

He added, “The mandate we are talking about is the mandate we
believe was given to him by Nigerians and Nigerians should also be
concerned and worried. We are anxiously awaiting the resolution of
issues that are in contention at the Supreme Court.

“I believe that the Supreme Court understands what their duties
and responsibilities are in this democratic process. They should
also take into consideration that people, like Atiku Abubakar, have
a constitutional responsibility to contest an election that they
have adjudged was not free and fair. I believe that the Supreme
Court understands its role and if it does not, that should concern
anybody. What is involved in this process is to strengthen our
democracy.

“After (the President of the Court of Appeal) Justice (Zainab)
Bulkachuwa had recused herself, it took a long time to name a
replacement for her. Time was lost. Any Nigerian, not only Atiku
Abubakar should be worried and ask what is holding the naming of
the justices.

“Our concern is that whatever it is; let it be done within the
provisions of the law. We believe that they also are taking care
and due cognisance of the time that is allowed for the appeal to be
heard and be disposed of with. So we want to believe that they are
also conscious of the time.”

According to Ozekhome, Atiku’s lawyers are worried about the
delay in constituting the panel considering the decision of the
Supreme Court that election petitions are time-bound and that the
time cannot be exceeded.

He said, “We (lawyers) are very worried about it because
election petitions are time-bound and time lined and the Supreme
Court has decided that the constitutional time provided for
election petitions is like the Rock of Gibraltar that cannot be
moved.

“So, I believe, therefore, that the Supreme Court is much aware
of their extant decision and the sensitive nature of this case
which has caught the attention of not just Nigerians but the entire
world. I believe that the Supreme Court will do the needful. I have
no fear of that at all.

“There is no need for any report (to the National Judicial
Council) because the CJN will do what is right and necessary,
guided by the Constitution and the Electoral Act.”

However, the National Publicity Secretary of the ruling All
Progressives Congress, Lanre Issa-onilu, did not answer his calls
or reply a text message sent to him, even as of 10:30 pm on
Friday.