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Wednesday, December 14, 2011

Chief Justice of Nigeria (CJN), Musdapher



Supreme Court to determine Jonathan’s, Buhari’s fate Dec 28.

President Goodluck Jonathan’s fate will be decided on December 28 by the Supreme Court. The apex Court yesterday fixed the date for judgment in the appeal by the Congress for Progressive Change (CPC).
The seven-member panel chaired by Chief Justice of Nigeria (CJN), Dahiru Musdapher, fixed the date after parties adopted their briefs of argument yesterday.
The CPC is challenging the Court of Appeal judgment that upheld the April 16 electoral victory of President Goodluck Jonathan.Jonathan contested on the platform of the Peoples Democratic Party (PDP).
The CPC is asking the apex court to set aside the judgment of the Court of Appeal that affirmed Jonathan’s election.
The opposition party is urging the court to order a fresh election between its candidate, Gen. Muhammadu Buhari and Jonathan.
The Court of Appeal, Abuja, sitting as Presidential Election Petition Tribunal on November 1, declared that Jonathan and Vice President Namadi Sambo won the April 16 presidential election.
Adopting the brief of argument yesterday, counsel to CPC Mr. Oladipo Okpeseyi (SAN), told the panel that the tribunal wrongfully evaluated the evidence adduced before it by the party’s witnesses.
He said: “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.
“There was an application before the lower court that the PW1 (Buba Galadima) be recalled, but it was turned down on the grounds that there was a mix-up in the evidence of the PW1”.
Counsel to Jonathan and Sambo, Chief Wole Olanipekun (SAN), urged the court to dismiss the appeal which he described as lacking in substance and merit.
According to him, the Tribunal’s ruling of September 12, which expunged the statements of CPC’s National Chairman, Prince Tony Momoh, after it was wrongly interchanged with that of the party’s secretary, Buba Galadima, invariably rendered the petition null and void.
Besides, he contended that the notice of appeal is amorphous and generic as it disclosed no aspect of the ruling it was challenging.
“The case was dead on arrival,” Olanipekun added.
Independent National Electoral Commission’s (INEC’s) counsel Onyechi Ikpeazu (SAN), also urged the panel to dismiss the appeal.
Shortly before the sitting, there was pandemonium in the court room when a fire broke out.It was from an electrical spark.
The seven-member panel of Justices had not emerged when the fire broke out around 8:43 am.
But the situation was brought under control when a court official rushed in with an extinguisher to put out the fire.
Normalcy was returned to the court room before the sitting began.

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