Nigeria: Atiku - S/Court Set to Review Appeal Court's Verdict On Iwu - AllAfrica.com

Ise-Oluwa IgeLagos

BARELY three and a one-half calendar months after the Court of Entreaty sitting as Presidential Election Request Court held that the contiguous past times Frailty President, Alhaji Atiku Abubakar, drop in mistake for suing the President of INEC, Prof Maurice Iwu, in person, over the behavior of the April 21, 2007 presidential poll, the Supreme Court yesterday re-opened the issue at the case of both President Umaru Yar'Adua and Atiku Abubakar.

But the vertex tribunal yesterday said it would not be able to do a rich and informed dictum on the issue until when political parties in difference have got entered all their written statements on the matter.

The tribunal consequently directed political parties to register their written computer addresses on the issue. Justice Niki Tobi presided over the Supreme Court panel that sat on the legal issue yesterday. He gave September 22, this twelvemonth as tax return day of the month on the legal issue for mention.

Yar'adua together with INEC, had at the pre-hearing phase of the request filed by Alhaji Atiku Abubakar to invalidate the April.21, 2007 presidential opinion poll held countrywide asked the Court of Entreaty to disregard Atiku's petition.

Both Yar'Adua and INEC had maintained that Atiku's request was not competent in law and ought to be struck out because the alleviations allegedly claimed therein were contradictory, inconsistent, mutually sole and mutually divergent..

They also asked the tribunal to hit out Prof Iwu's name from the Atiku's request on the land that Iwu is not a juristic person.

But the Court of Entreaty sitting as Presidential Election request Court refused the twin invitation by both Yar'Adua and INEC, saying Iwu having entered a conditional visual aspect in the lawsuit and having joined issues with Atiku who sued him could not have got his name sruck out at the clip because he cried out too late.

The five-member tribunal headed by Justice Ogebe also held "the issue of joinder of Prof Iwu and the claim by Yar'Adua that Atiku have made a contradictory, inconsistent and mutually differing claims in word form of alleviations cannot be entertained without touching on the virtue of the substantial lawsuit before this court.

"I therefore throw that this tribunal have full legal power to entertain this request to enable political parties ventillate their grievances. I disregard both applications," .

The application lost by both Yar'Adua and INEC was painful to them as Yar'Adua came on entreaty to Supreme Court to change by reversal the verdict.

But while the interlocutory entreaty was pending at the Supreme Court, the panel of the Court of Entreaty which sat as presidential election request tribunal and headed by Justice Jesse James Ogenyi Ogebe determined the two issues raised in the interlocutory appeal.

First, the Court of Appeal, in its judgement on the Atiku's request held that Atiku's alleviations were contradictory, inconsistent and mutually divergent.

The tribunal said that ordinarily, based on its determinations that Atiku's alleviations were contradictory, it said it ought not to see the request on its virtuousness but that out of abundanti cautelia, it would.

The tribunal also struck out the name of Prof Maurice Iwu from the request maintained by Alhaji Atiku Abubakar to dispute the electoral triumph of President Umaru Genus Musa Yar'Adua.

The appellant tribunal had held that by virtue of the commissariat of the Electoral Act 2006, it said Iwu was not a juristic individual that could be sued as a political party in the case.

The tribunal had said that what Atiku could make at best was to litigate him in his functionary capacity and not in his private capacity.

The tribunal had also struck out all paragraphs in Atiku's request alleging one thing or the other against Iwu.

Even though the Court of Entreaty had decided the twin legal issues, both political parties in the interlocutory entreaty would not retreat from it.

They both said that the dictum of the vertex court would enrich the nation's law and would steer future election suppliants on whether or not to fall in main electoral military officers in their request while ambitious the consequences of the election.

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According to Head Emeka Ngige (SAN) who led a squad of lawyers that represented Atiku Abubakar in the lawsuit yesterday, he said the vertex tribunal would no doubt remark on the mental attitude of the tribunal of entreaty pronouncing on issues already submitted to a higher court.

But Yusuf Muhammad Ali (SAN) said whatever the dictum of the vertex tribunal would not change anything except that it would enrich the nation's jurisprudence.

He defended the tribunal of appeal's action.He said it would have got been a different ball game if the supreme tribunal had earlier made a dictum on the twin legal issue before the tribunal of entreaty made a reverse findings of fact on them.

Nigeria: Yar'Adua - I'll Quit If I Lose At Supreme Court - AllAfrica.com

Ayodele AminuLagos

Fears of a possible constitutional crisis if the 2007 presidential election was annulled by the Supreme Court were allayed yesterday by President Umaru Genus Musa Yar'Adua.

The president told AFP, a news agency, at the weekend that he would discontinue powerfulness if the Supreme Court annuls his election.

Alhaji Atiku Abubakar and Maj. Gen. Muhammadu Buhari, presidential campaigners of Action United States Congress (AC) and All Federal Republic Of Nigeria Peoples Party (ANPP) respectively at the April 2007 poll, are currently ambitious Yar'Adua's election at the Supreme Court.

They had initially lost their lawsuit at the Entreaty Court for what the Presidential Election Petitions Court called deficiency of grounds to confirm their claims that the election was rigged.

But Yar'Adua said yesterday that he would discontinue powerfulness if the Supreme Court ruled against his victory.

"I will go forth business office immediately," Yar'Adua told alpha fetoprotein in an interview when asked what he would make if the Supreme Court invalidates the consequence of the opinion opinion poll that brought him to power.

Several state governors had their elections overturned by the tribunals and Yar'Adua, World Health Organization have always said his cardinal regulation is regard for the rule of law, on each juncture asked the affected governors to resign their seats.

"When it come ups to my ain election, I necessitate to make the same. On the twenty-four hours there is judgment, I will travel forth business office and inquire the Head Justice to curse in whoever the Supreme Court states should be sworn in," Yar'Adua said.

Going by the pattern in the states, the Senate President Saint David Mark, as the No 3 citizen, may be sworn in as acting president if Yar'Adua's election is cancelled while a fresh election will be held within 90 days.

The Presidential Election Petitions Court in March dismissed the supplication by Abubakar and Buhari that the opinion poll be annulled and re-run on evidence of electoral fraud.

The Supreme Court started hearing the entreaty in April and immediately adjourned the case.

Meanwhile, as the countdown to the first day of remembrance of Yar'Adua's disposal begins, the Curate of Finance, Dr. Shamsudeen Usman, have got got said a supplementary budget will soon be passed to turn to cardinal countries in the economic system such as as powerfulness and transportation.

Usman, who addressed journalists along side the Curate for Power, Hajia Fatimah Balaraba Ibrahim, her opposite number at National Planning, Senator Sanusi Daggash and the Curate of Information and Communication, Head Toilet Odey, said that the president was worried about the powerfulness situation.

Responding to inquiries on the epileptic nature of powerfulness supply in the country, Ibrahim admitted that the federal authorities had establish it hard to supply the degree of powerfulness required in the country.

She attributed the trouble to the fact that "power coevals is working capital intensive" and policies had continued to switch with different administrations."

"So we are now involving the private sector and we have set in topographic point measurements to pull private sector investments, and equally look at all our installings in generation, transmittal and statistical distribution in order to better the services of the sector.

"We have looked critically into the demands to bring forth an further 1,500 megawatts to the current 3,000 megawatts from the same works and then go on to make more than from the Mugwump Power Projects (IPPs) in the short- and medium terms," she added.

Ibrahim, who apologised on behalf of the federal authorities for what she referred to as the "sufferings of the people" engendered by inadequate powerfulness supply, explained that inadequate H2O degrees had also compounded the situation.

She said that the federal authorities had looked into the possibility of combining the powerfulness generated from the hydros with attempts from the IPPs to duplicate the current powerfulness coevals to 6,000 megawatts by 2009.

"The program is in three phases; to accomplish 6,000 megawatts by December 2009; 16,000 megawatts by 2011 and ultimately 100,000 megawatts by 2020 towards making the state 1 of the biggest 20 economic systems in line with the vision 2020 strategy," she stressed.

She explained that the authorities had looked into the state of affairs in India, a state that once had a similar job with what Federal Soldier Republic Of Nigeria is experiencing now, and studied what they did there to bring forth 140,000 megawatts.

The Federal Government, she explained, discovered that Republic Of Republic Of India was able to bring forth 140,000 megawatts through a partnership with the private sector, stressing that this is the attack the authorities means to take.

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Usman said that the federal authorities had establish it necessary to change by reversal some policy determinations of the past government because it wanted to guarantee that things were done properly and had to guarantee that the 'garbage cleaning' was completed.

Asked to notice on the controversial investigation of Africa Finance Corporation (AFC), Usman said that there was nil incorrect with the scene up of the Corporation and that he had nil against the vertex depository financial institution governor, Prof. Prince Charles Soludo, even though there had been respective rumors and guesses to the reverse on the matter.

The Finance Minister, who was portion of the squad that set up the AFC when he was the Deputy Governor of the CBN, said when the issue of the investigation broke he had advised the corporation's board, including the Central Bank's governor, Professor Chukwuma Soludo, to "give the investigation panel whatever information they required".

Nigeria: Adamawa Gubernatorial Polls - Abubakar Atiku in Adamawa's ... - AllAfrica.com

Umar YusufLagos

FORMER Frailty President Atiku Abubakar have been in the Centre phase of Adamawa political relation even before the coronation of the present democratic dispensation nine old age ago.

For example, the 1991 gubernatorial primacies of the dead Sociable Democratic Party, SDP, between him and Dr Bala Takaya really shot the former Frailty President into calcium hydroxide light. Though before then, Atiku Abubakar had shown some excellence deed in the state's politics. His presence loomed big politically. This culminated in his outgrowth in 1998 as the governorship campaigner of the Peoples' Democratic Party, PDP.

The retired Assistant Accountant of customs duty turned businessman, eventually emerged the governor elect of Adamawa state the followers year. But, before he was sworn in, Atiku was picked as the running play first mate to former President Olusegun Obasanjo. The elections were conducted and the couple emerged victorious.

Atiku as Frailty President and Olusegun Obasanjo as President were spouses in advancement for four old age between 1999 and 2003 until their human relationship went sour.

Back place in Adamawa State, former Frailty President Atiku Abubakar dominated the political landscape between 1999 to the future portion of 2003. Atiku Abubakar started smelling political jobs back place in Adamawa minute he ran into job with Obasanjo.

Moment after the rift between Obasanjo and Atiku became pronounced the PDP top hierarchy, in Abuja, decided to putter with Atiku Abubakar's political fortune.

Along the line, the PDP headquarters, in Abuja, constituted a commission to revalidate rank of the political party in Adamawa State. Professor Jubril Aminu, was then appointed as the arrowhead for the exercise. Even before his appointment, the Cardiologist turned politician tested the acrimonious side of Adamawa politics.

Analysts state Atiku Abubakr and his political ally, the then governor, Boni Hanna, were instrumental to the effort to remember Professor Jubril Aminu from the Senate. The effort to remember Aminu failed after series of political manoeuvres that even resulted to tribunal cases. Professor Jubril Aminu weathered the recollection effort then embarked on a retribution missionary post against those he perceived to be behind the attempt.

As expected, Atiku Abubakar, Boni Haruna, member of his Cabinet and a big ball of their protagonists raise an oculus forehead over the exercise.

They felt short-changed for not been re- registered into the new PDP. Jubril Aminu however told them that they were given an ample chance to register, but that they refused to make so. As the argument raged Atiku Abubakar was re-registered into the new PDP in Capital Of Nigeria instead of his place state.

An unfriendly political state of affairs continued to environ the assorted encampments of Atiku/Boni Haruna and Jubril Aminu, Buba Marwa and others in the Adamawa politics.

To an extent that when Muhammad Buba Marwa wanted to formally declare for the PDP, Boni Haruna's disposal denied him the use of authorities venue. The action of the state authorities then attracted world-wide condemnation.

Few calendar months after the Buba Marwa episode, rumors filtered in that Atiku Abubakar and some other Nigerians have got floated a political political party named ACD which later metamorphosed to actinium - Action congress.

Not quite long, Atiku Abubakar announced his issue from the PDP to the Action Congress, Ex-Governor Boni Haruna and his protagonists followed. With their issue from PDP, political analysts were in uncertainty of who will be in control of Adamawa politics. Are it the Atiku/Boni Haruma Camp or the Jubril Aminu/ Buba Marwa and other in the new PDP?.

The conflict line was then drawn between the new PDP, and the AC. Not quite long after that, it was clip for the 2007 full general elections. Serious politicking was undertaken by the two groupings and their stakeholders of which the PDP was declared the victor of the unit of ammunition 1 of the governorship election.

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Even within the PDP and the AC, intra political party bickers took Centre phase over the behavior of primary elections elections that proverb the outgrowth of Admiral Murtala Nyako for PDP and Alhaji Ibrahim Bapetel with landslide victory, but the joyousness of the triumph was short lived. After eight calendar months the request court in November last twelvemonth annulled the election of Murtala Nyako as Governor. Ibrahim Bapetel had dragged PDP, INEC and others to the court for excluding him from the polls just few hours to the election.

The revocation of the election of Adimral Murtala Nyako shortened the jubilation of PDP and its stakeholders that they were in control of the Adamawa State. Their job was later compounded by the Entreaty court sitting in Jos which upheld the earlier judgement of the less tribunal.

With the Appellant Court Judgment which removed Adimral Murtala Nyako from office, a new conflict of who commands Adamawa political relation was put in motion.

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Nigeria: Presidential Election Tribunal Chairman Elevated to S'court - AllAfrica.com

Sufuyan OjeifoAbuja

President Umaru Genus Musa Yar' Adua have forwarded the name of Justice Jesse James Ogebe of the Entreaty Court and President of the Presidential Election Petitions Court to the Senate for verification as justness of the Supreme Court.

Also forwarded to the Senate was the name of Justice Mukhtar Coomasie of the Entreaty Court.

The nominations, which are in conformity with Section 231 (2) of the 1999 Constitution, were contained in an executive director director communicating read yesterday by the Senate President, Senator Saint David Mark, on the flooring of the Senate.

But there were fearfulnesses last nighttime that the nomination of Ogebe for assignment as justness of the Supreme Court may have got got got deductions for the handling of the requests before the Presidential Elections Tribunal.

With his nomination, some believe Justice Ogebe may have been rendered functious officio, meaning he have ceased to have the competency to sit down over the petition.

The Presidential Election Request Court have already reserved judgement in the amalgamate request of the Action Con-gress (AC) campaigner in the April 21, 2007 presidential election, Alhaji Atiku Abubakar, and his All Federal Republic Of Federal Republic Of Federal Republic Of Nigeria Peoples Party (ANPP) counterpart, Major-Gen. Muham-madu Buhari.

Both Atiku and Buhari are challenging the election of President Yar'Adua astatine the tribunal.

Last night, the Conference of Nigeria Political Parties (CNPP) described the nomination of Ogebe as ego serving and executive recklessness.

The nominations of the two justnesses followed the recommendation of the National Judicial Council (NJC).

Ogebe and Coomasie will replace former Head Justice of Nigeria (CJN), Justice Alfa Belgore, and Justice Umaru Kalgo who recently retired from the bench of the Supreme Court.

Ogebe acclaims from Benue State in the North-central zone, while Mukhtar come ups from Kaduna State in North-west zone.

Yar' Adua appealed to the lawmakers to handle the verification of the nominations of Ogebe and Coomasie expeditiously.

Already, the listing of the two campaigners have been referred to the Committee on Judiciary, Person Rights and Legal Matters headed by Senator Umaru Dahiru for screening.

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The commission is expected to show a study to the Senate recommending their verification or otherwise.

But in his statement, the National Promotion Secretary of CNPP, Mr. Osita Okechukwu, said Ogebe's nomination at this point in clip was ego serving, executive director foolhardiness and not due influence "aimed at corruption of the regulation of law."

"It put a moral load on justice, for he who pays the bagpiper orders tune. Why the haste when the lawsuit on his tabular array have not been dispensed with. He who pays the bagpiper orders the tune," he said.