Judiciary: Is Democracy Under Threat?

Ahead of the judgment date by the Presidential Election Petitions Court, the sharp focus on the judiciary speaks to the weight of expectations for justice by both Nigerians and the international community, Louis Achi writes

The presidential candidate of the Peoples Democratic Party (PDP) in the February 25 presidential election, Atiku Abubakar, last week stirred the hornet’s nest when he raised the alarm over alleged plots to compromise the Nigeria’s judiciary processes ahead of the judgment of the Presidential Election Petition Court (PREPC) in Abuja.

Having filed their final addresses penultimate week at the court, the petitioners and the respondents have completed a critical phase in the tense judicial inquest on the February 25 presidential election. 

To many, Atiku’s alarm was not unexpected. Penultimate week, a report had alleged that President Bola Tinubu had a telephone conversation with the Chief Justice of Nigeria (CJN), Justice Olukayode Ariwoola. But the Supreme Court vehemently denied the allegations.

Earlier in March, after Tinubu was declared winner of the presidential election and the opposition political parties were threatening to challenge the declaration in court, there was also an allegation that the CJN met with him in London on how to swing judgments in his favour.

An online platform had alleged that Justice Ariwoola disguised in a wheelchair in London in order to meet with Tinubu. But the Supreme Court’s spokesperson, Festus Akande, said there was no iota of truth in the report. He noted that the CJN accompanied by NJC’s Secretary, Ahmed Gambo, only travelled out of Nigeria briefly to London on March 18 for medical care, adding that before he travelled out, the CJN had notified the then President Muhammadu Buhari of the trip.

“On 23 March, the CJN returned from his medical trip to London and later reported in the office (in Abuja), where he worked till 8p.m. The CJN has been in Nigeria, and presided over meetings of the National Judicial Council (NJC) held on 16 and 17 March,” Akande reportedly said.

Penultimate week, there was another report that a member of the panel of the elections petitions court, Justice Boloukuoromo Moses Ugo, had resigned over alleged pressure on him to compromise the judgment of the court. But the Court of Appeal equally denied the allegations.

It was against this background that Atiku raised the alarm of the alleged plot by Tinubu and his party, the All Progressives Congress (APC) to influence the decision of the court and swing it in their favour. He recalled that in 2019, the APC-led federal government similarly removed the Chief Justice of Nigeria, Justice Walter Onnoghen, from office when it was obvious that he would not bend to their will.

 “The plot of the APC is simple: Intimidate the judiciary, threaten judges with arrest so that they will bow to their will. This is a playbook from 2019 when they removed the CJN and then replaced him with Tanko Muhammad, who himself was later accused of corruption by his colleagues at the Supreme Court and he resigned shamefully. 

“Now, they have initiated a new plot. This time around, they want to intimidate the judges into delivering favourable judgments for them at the election tribunal,”  Atiku said.

The former vice president drew the attention of the international community and, indeed, Nigerians to this fresh plot to steal the mandate of over 200 million people.

But in a swift response, the Presidency declared that the APC and President Tinubu will not in any way undermine the judiciary in resolving the presidential election petitions before it.

The Special Adviser to the President on Special Duties, Communications and Strategy, Mr. Dele Alake, in a statement entitled: ‘Atiku Abubakar’s bid to blackmail the judiciary will fail’, said President Tinubu and the APC absolutely have no reason to undermine the judiciary in the hope of any favourable judgment. 

He argued that if the former vice president believes in democracy and the sanctity of the judiciary, as he claimed, he would not engage in making spurious and wild allegations aimed at disparaging and discrediting an important arm of government that should serve as the bulwark for Nigeria’s democracy.  

According to him, Tinubu’s lawyers and that of APC have presented very solid defence of the result of the election “and we are sure the judiciary will impartially deliver its ruling on the basis of points of law and evidence before it, not based on presumptuous speculations and unfounded accusations.  

“Atiku Abubakar should be honourable enough as a statesman to allow the judiciary perform its sacred duty without harassment and this resort to self-help. “Attempting to discredit an important institution of state for selfish political ends is disingenuous, shameful and unbecoming of a former Vice President of Nigeria. This desperation must stop.

“It is obvious that having been thoroughly defeated by the APC and now President Tinubu, the former vice president has not fully recovered from the shock of defeat, hence the current attempt to mischievously rake up another round of inanities that offend basic logic and rational thinking.”  

 On its part, the APC described Atiku’s allegations as arrant nonsense, and an attempt by the former vice president to float an alibi to deflect the shame of a highly probable defeat at the election petitions court.

Its National Publicity Secretary of the APC, Felix Morka, in a statement, said that Atiku and his minions offered no evidence to support their wild, hollow, and mischievous allegations.

He added: “Quite frankly, there is nothing in Atiku Abubakar’s statement that is worth a reaction from the APC. It is just arrant nonsense, totally lacking in substance and cogency.

Morka described the allegations “as a childish attempt to float an alibi to deflect the shame of a highly probable defeat in court, having miserably failed to make out a credible case to justify his bogus claim that he won the last presidential election,” he added.

Morka stressed that President Bola Tinubu and the APC won the election convincingly, adding that the ruling party has faith and confidence in the courts to dispense electoral justice in accordance with the Constitution and all applicable laws.

On its part, the Labour Party (LP) also challenged Tinubu on his subtle threat that there would be chaos and anarchy in Nigeria if the court removes him from office, describing it as a blackmail to intimidate the panel hearing the petitions against his victory.

In a statement signed by its National Publicity Secretary, Obiora Ifoh, the party said that Tinubu’s remarks were subtle threat on the judges to change the processes and requirements that the law has put in place.

“Let me assure the APC and their leaders that if there were no absurdity, chaos, and anarchy when they forced their way into power, Nigeria will still witness peace when they are eventually evicted from power.”

As Nigerians wait for the judiciary to firmly and dispassionately resolve the worrying legitimacy questions pushed by the opposition, which are hanging on the Tinubu’s neck like an albatross, Africa and the world are watching.