Kogiflame
My attention has been drawn to Commentaries by some Senior Nigerian Legal Practitioners based here in Nigeria and Abroad concerning the recent Judgement of the Court of Appeal on the Appeal over the Election Petition of Kano State Governorship Election 2023. Concerned by this development, I wish to react as below.
With profound respect, I am so so shocked and disappointed hearing and or reading from some highly respected Nigerian Legal Practitioners making big Issues out of absolutely nothing in this matter, as if the Court of Appeal of Nigeria has suddenly become the Court of Finality on any matter relating to Election Petition against declaration by INEC, of any person as Governor-Elect of any State of the Federal Republic of Nigeria.
Or have these respected Senior Nigerian Legal Practitioners gone behind the scene or away from the hallowed Chambers of the National Assembly and of the 36 States Houses of Assembly across the Country, to effect alteration to Section 233(e) paragraph iv, which gives Appellate Jurisdiction to the Supreme Court of Nigeria to the exclusion of any other Court of Law in Nigeria, to hear and determine Appeals from the Court of Appeal on whether any person has been validly elected to the Office of Governor or Deputy Governor under this Constitution (1999 CFRN, as amended)?
Are there no longer plethora of cases of Supreme Court upturning the Judgements of Court of Appeal of Nigeria on Governorship Election Petitions since the provision of this Section of the 1999 CFRN, as amended, came into force?
Are there no longer Cases where persons became Governors after losing at both the Election Petition Tribunals and Court of Appeal, only by virtue of the Decision of the Supreme Court of Nigeria invoking its constitutional power under this stipulated Section of the 1999 CFRN, as amended?
Are these Senior Legal Practitioners no longer aware of these above Facts? If they are, why then are they now unnecessarily overheating the polity by their Comments and legal analyses that have almost set Kano State on Fire?
What do these Senior Legal Practitioners stand to gain in doing this? Must they always make themselves relevant before Nigerians by unnecessarily distorting Facts and or Laws?
Are they not aware that whether or not, the Court of Appeal rules in favour of APC and its Candidates or NNPP and its Candidates, the Seven Wise Men of the Supreme Court of Nigeria (Hon. Justices of the Supreme Court of Nigeria) will still have the Final Decision on which of the two opposing Parties in this matter would be Governor and governing Political Party in Kano State for the next four Years (May 29, 2023 – May 29, 2027)?
Have these respected Senior Legal Practitioners also forgotten the provision of Section 235 of the 1999 CFRN, as amended, which provides that the Supreme Court of Nigeria has Finality of Determination of this matter and that no Appeal shall lie to anybody or person from its Decision?
This is the unequivocal position of the Supreme Constitution of the Federal Republic of Nigeria, otherwise refered to as the 1999 CFRN, as amended, until it is altered strictly in compliance with the provisions of Section 9 of the 1999 CFRN, as amended. Anything done in contravention of this Section contravenes Section 1(3) of the 1999 CFRN, as amended, and therefore null and void.
Finally, I appeal to the Peace and Democracy-Loving People of Kano State to remain calm and continue to maintain the prevailing Peace and Unity in the State until this Petition/Appeal is finally determined by the Supreme Court of Nigeria.
Comrade (Engr) Igbini Odafe Emmanuel.
National President, Vanguard for Transparent Leadership and Democracy (VATLAD) and former Governorship Candidate of Peoples Redemption Party PRP, Delta State.
