Bulkachuwa promises justice to all as election petition tribunals begin sitting

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Women protest against INEC’s failure to allow Atiku access to electoral materials

The president of the Court of Appeal, Justice Zainab Bulkachuwa, has assured of fairness to all the petitioners who have filed cases at the election petition tribunals.

Bulkachuwa, who heads a five-man panel of the Presidential Election Petition Tribunal, stated this at the inaugural sitting of the tribunal in Abuja on Wednesday.

“Justice will be done to all parties without fear or favour, affection or ill-will,” she said, adding that the tribunal would adhere strictly to the rule of law and international best practices.

She said the tribunal received786 petitions, with Imo State having the highest number of 76 petitions while Jigawa is the only state where no petitions were filed.

The presidential candidate of the People’s Democratic Party (PDP), Mr. Atiku Abubakar, and other three petitioners are seeking the nullification of Buhari’s victory at the February 23 presidential poll on allegations of widespread rigging, violations of the Electoral Act, suppression of voters, violence amongst other electoral malpractices.

The others include the Hope Democratic Party and its presidential candidate, Mr. Ambrose Owuru; People’s Democratic Movement and its presidential candidate, Pastor Aminchi Habu and the Coalition for Change (C4C) and its presidential candidate, Mr. Jeff Ojinka.

She said no matter how well election is conducted, there are bound to be complaints.

“So far, we have empanelled 78 panels to cover the Election Tribunals in all states of the Federation, excluding Jigawa State where no election petition had been filed.

“The panels are now in place and have started hearing the petitions. They are, presently, 786 petitions, with Imo State having the highest number of 76 petitions which necessitated the posting of six panels to the state.

“In a similar manner, section 239(1) (a) of the Constitution of the Federal Republic of Nigeria 1999, as amended, stipulates that the Court of Appeal has original jurisdiction to the exclusion of any other Court in Nigeria, to hear and determine any question as to whether any person has been validly elected to the office of the President or Vice-President, hence the emergence of the Panel which is empanelled to look into the various petitions filed against the just concluded Presidential election.

“This is not the first time this Court has been empowered to hear and determine the outcome of a presidential election result since the return to democracy in Nigeria and the coming into law of the 1999 Constitution. We did same in 1999, 2003, 2007 and 2011.

“Whenever petitions are filed against an elected president, such a tribunal is set up and it becomes a matter of public interest to the nation.

“The judiciary being the arbiter, there are litigants, counsel, members of the press, and the public who are all stakeholders as the major participants.

“We, therefore, require the maximum cooperation of all the stakeholders, especially from the leaders of the Bar. We expect the proceeding to be conducted with decorum, a high sense of responsibility, dedication, and patriotism in our quest to arrive at just decisions in all the petitions before us.

“We assure all stakeholders that each litigant will be given equal opportunity to present his case in a mature manner before us.

“We are witnesses to what has been happening in high profile cases where such cases are being discussed and publicly decided prematurely in both the social and electronic media before the announcement of the verdict by the Court.

“We pray that this time would be an exception for the benefit of the nation. We don’t expect counsel to any of the parties to hype the polity after any sitting by making a public analysis in the media as to what transpired in court.

“These proceedings should be treated as would any other low-profile case, where proceedings in court are not discussed publicly until a decision is pronounced by the court.

“This admonition is also extended to the parties, their respective counsel and the members of the Press.

“We on our own part will make relevant information available as at when due. Any breach will not be condoned and we will not hesitate in taking necessary action against such offenders.

“The independence of the judiciary is key to any vibrant democracy, especially in the resolution of Election Petitions. Therefore, an independent judiciary is a robust and indispensable requisite of a free society under the rule of law.

“As we gather in this honourable courtroom today, I wish to use this opportunity to reassure Nigerians and friends of Nigeria, that the Court of Appeal will work in accordance and within the dictates of the Constitution, the law and international best practices, to dispense justice to all, without fear or favor, affection or ill will,” she said.

Meanwhile, the sitting was going on, a group of women in Abuja staged a peaceful protest the alleged failure of the Independent National Electoral Commission to allow the PDP and its presidential candidate, Atiku access to electoral materials used in the conduct of the February 23 polls.

According to Punch, the women, numbering up to 40, held their protest on the premises of the Abuja Division of the Court of Appeal venue of the presidential election petition tribunal.

It would be recalled that a three-man bench of the Court of Appeal had, since March 7, granted the petitioners (Atiku and PDP) the go-ahead to inspect the electoral materials in the custody of INEC.

Atiku and his party subsequently filed their petition on March 1‎8.‎

The placard-bearing protesters claimed that INEC had yet to obey the March 7 order as of Wednesday (today).

The women protesters chanted, among others, “Bring back our democracy. People are dying. We can no longer go to our farms. Lawyers, bring back our democracy.”

Some of the banners they held bore inscriptions like, ‘The presidential election is a charade for APC; declare Atiku winner’ ‘#Bring Back Our Mandate 2019#’ and ‘INEC obey court order and release election materials as ordered by the court to Atiku and PDP.’

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