Supreme Court Judgement
OpenLife Nigeria reproduces a piece by Oladipo Oluwole, former director, Ogun State civil service and public affairs analyst in which he reflects on how today’s Supreme Court’s judgement on the February 25 presidential election would likely have either positive or negative impacts on Nigeria and generations yet unborn
No matter how one looks at today’s Supreme court judgement….emotionally, personally, politically, with ethno-religious interests/sentiments, hatred, love, or as apolitical…all of which are not my own interests or concerns, now- but, whatever the seven eminent jurists arrive at, today, will, definitely, not only reshape the Nigerian political/legal history/landscape, but have an everlasting impact on the future of our dear country, Nigeria, our children and generations unborn…including the seven justices, in many ways!
Human beings have always been the architects of their fortunes or misfortunes, either by omission or commission- the discerning decisions or otherwise, we individually/collectively take, at any critical/storming period of our lives, including lack of eternal/divine personal-self reassessment/revaluation, thereafter,..have always been our banes… with the everlasting positive or negative effects on us, in the future…but not God, we often find as an Alibi…by resulting into prayers to Him….as damage control mechanisms- having, in the first instance, neglected His series of warnings/red flags, to our emotional choices- in marriage, business, socioeconomic, religious, including political issues.
The electoral decisions we took in1999 brought us to where we were in 2015, and that of 2015 has brought us to where we are today…under both PDP and APC…in terms of masses fortune or misfortune…as political vehicles for leadership recruitment process/evaluation.
ISSUES INVOLVED- The issues that seem to be critically involved in today’s Supreme court judgement, for me, were rightly or wrongly laid out in the various intentional or unintentional, but remarkably outbursts of one or two of the eminent jurists, at the Monday’s court hearing session, widely reported as follows-
‘The presiding justice, Mr Okoro, asks Mr Uche, (Atiku’s lawyer), whether the Supreme Court should rely on the Electoral Act or the Constitution.’
‘…Mr Uche says the issue about Mr Tinubu’s certificate is a constitutional matter which the court should look into.’
‘Justice Agim says from Mr Uche’s court filing, the testimony by the CSU registrar held in Atiku’s lawyer’s law office in the US.
‘Justice Agim says The CSU did not issue any letter discrediting Mr Tinubu’s certificate
“We are dealing with a matter that touches on the national unity of Nigeria,” the justice also says.’
‘Mr Okoro asks Mr Uche on why he wants the Supreme Court to brush aside constitutional provisions and entertain the fresh evidence.’
‘Mr Uche explains that section 233 of the constitution gives the Supreme Court the power to entertain questions about whether a person has been properly elected.’
‘Mr Uche responds to the issue raised about the CSU proceedings.
“There is a slight distinction between proceedings in the US and the UK.
“In the US, that is how court proceedings are done.
‘Mr Uche says depositions are more effective than letters from the CSU authorities regarding the authenticity of Mr Tinubu’s academic records.’
‘Justice Okoro says criminal matters have to be proved beyond reasonable doubt. But in this case, there are two conflicting letters from the CSU – one authenticating the president’s certificate and another discrediting it. “Which do we rely on?” He asked.’
‘Mr Uche refers the court to a letter earlier issued to Michael Enahoro-Ebah, a lawyer, who testified for Atiku against Mr Tinubu at the Presidential Election Petition Court in Abuja.’
‘Justice Okoro asks, “what do we do with the fresh evidence?”
‘…Uche says the CSU depositions can be used in the Nigerian court.’
The above comments, by two of the Supreme court eminent justices, and responses by Atiku’s leading lawyer, at the last Monday court session, seemed to be pointers to the direction of the Supreme court line of thought/decision, today- the essence/essentials of justice, fairness, or otherwise, therein, will eventually come to play/revelation, at the end of the court final pronouncement, binding on ALL, indeed
Oladipo Oluwole can be reached via: oladipooluwole21@gmail.com. 08033598528.
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