05/09/2023
DSS raises security concern as tribunal deliver judgment tomorrow--
By Chinelo Obogo, Godwin Tsa, Ndubuisi Orji, Abuja and Stanley Uzoaru, Owerri
Ahead of the planned two-day warning strike by the Nigeria Labour Congress (NLC) to protest the impact of petrol subsidy removal on the masses and barely 48 hours to the much-awaited judgment by the Presidential Election Petition Court (PEPC), the Department of State Services (DSS), yesterday, said it had uncovered plans to stage violent protests to discredit the Federal Government and security agencies over sundry socio-economic matters.
The security agency said student leaders, youths, ethnic-based associations, and disgruntled groups were being mobilised for the protests.
It said it has identified the “ring leaders of the plot” and they were being monitored.
In a statement by its spokesman, Peter Afunanya, DSS said intelligence reports indicated that those masterminding the violent protests include politicians. However, it said the masterminds would be stopped from plunging the country into anarchy.
It advised vice-chancellors of universities and heads of tertiary institutions to discourage their students from engaging in acts capable of destabilising public peace. “Also, parents and guardians are enjoined to admonish their children and wards respectively to shun the lure of participating in inimical behaviours or conducts against law and order.”
The DSS warned those “desirous” of subverting national security to retrace their steps.
The case
The PEPC had announced its judgment on the multiple petitions filed by the presidential candidates of Peoples Democratic Party (PDP), Atiku Abubakar, Labour Party (LP), Peter Obi and Allied Peoples Movement (APM), seeking to nullify the election of President Bola Tinubu, will come up tomorrow.
Atiku and Obi, in their separate petitions marked CA/PEPC/05/2023 and CA/PEPC/03/2023, challenged both the declaration of Tinubu as president as well as the credibility of the conduct of the February 25 presidential election.
Chief Registrar of the Court of Appeal, Umar Mohammed Bangari, who confirmed the date yesterday, said live telecast of the judgment by interested television stations will be allowed at no cost to the court.
He further assured adequate security has been put in place as only invited members of political parties and the public would be allowed into the courtroom to avoid congestion and security breaches.
The Haruna Tsammani-led five-member panel of the court had on August 1, reserved judgment, after all the parties adopted their final briefs of argument for and against the petitions.
In their final written address, Atiku and the PDP, through their legal team anchored by Chris Uche, urged the court to declare President Tinubu was not qualified to participate in the February 25 presidential poll.
They further urged the PEPC to nullify the entire outcome of the presidential election and order a re-run or fresh contest.
DSS alarm ill-conceived, politically motivated -CSOs
The coalition of human rights society, comprising, International Society for Civil Liberties and Rule of Law (Intersociety), Civil Liberties Organisation (CLO), South-East Coalition of Human Rights and Democracy Organisations as well as of over 20 rights and democracy groups based in the South East described the DSS alarm as ill-conceived and politically motivated in its entirety and cast a serious doubt on the neutrality, impartiality and credibility of the long-awaited judgment.
In a joint statement of coalition represented by Emeka Umeagbalasi of Intersociety, Aloysius Attah of the South-East Zone CLO, and the South-East Coalition of Human Rights and Democracy Organisations as well as coalition of over 20 rights and democracy groups represented by Jerry Chukwuokoro, stated that the alarm raised by DSS over “plans by some persons or groups to stage violent protest regarding the long-awaited judgment of the 2023 presidential election petitions tribunal,” scheduled for tomorrow, is a clear case of leakage and confirmation that the case will be dismissed on technical grounds.
The group said the alarm by DSS raised a serious question mark on the integrity and independence of the five justices of the Court of Appeal handling the case.
“The alarm by the DSS is correctly logically interpreted to mean that while the PEPT transited its information to the parties to the case of its readiness to deliver its verdict tomorrow, it turned around and leaked the panel’s verdict outcome to the executive arm in the present government, including its internal and external spy police establishments particularly the DSS; warranting its ill-conceived and politically motivated panicky and intimidating alarm.
“The DSS, therefore, was chronically illiterate in its handling of the subject matter under discourse. For purposes of neutrality, impartiality, credibility, safety and popularity of the long-awaited judgment, the DSS ought not to have issued the alarm and if it reasonably, credibly and neutrally suspected any planned violent protest in connection with the long awaited judgment.
“It would have been literately and credibly handled by sharing such intelligence with other security agencies without publicity and creation of panics and fears-borne out of desperation, partisanship, repression and abuse of statutorily and constitutionally delegated responsibilities.
“With the DSS alarm, therefore, it is most likely correct to say that the 2023 presidential election petitions tribunal has already told Nigerians and international watchers through the DSS the direction of its long-awaited judgment: “dismissal of the case on the grounds of technicalities; devoid of meritorious consideration.
“The coalition of human rights groups had observed in a joint-statement, dated August 5, 2023; “apart from a corrupt judge being worst than a demented man running amok with a sharp knife in a crowded market, he also hides under the cloak of ‘technicalities and political orbiters’ as his ‘ratio dicidendi’ or facts derived from weak laws or legal loopholes.
We expect justice in accordance with the law –PDP
PDP said it expects PEPC to do justice in its verdict on the disputed election, in line with the constitution and the facts presented to it.
Its National Publicity Secretary, Debo Ologunagba, told Daily Sun, in a telephone interview, yesterday, that party, as well as its presidential candidate, Atiku, have presented a ‘watertight case’.
Ologunagba said: “We have presented a very good case before the tribunal, following the constitution and we believe the tribunal will be guided appropriately with the facts and the laws, and do justice according to the law. That is our expectation. So, we await.
“We are a party that believes in process. We have presented a very good case. Watertight case before the tribunal. And we are expecting the judgment in line with the facts.
“We presented a very good case. Why we believe the election was fraught with irregularities and issues of legitimacy and qualification, we expect the court, this is the expectation, not just our party, but the Nigerian people and indeed the world, to do justice according to the law.
“When people take this thing to the prism of the party alone, we lose sense of what exactly justice is all about. It is not about the party. It is about the process. It is about the law. It is the constitution. The due process of law.
“When you say certain things will happen in a particular sequence, it must happen. If it doesn’t happen, then, of course, there will be no basis for that. When there are rules and regulations, it should be followed. We expect them (PEPT) to do what is right. Of course, the judiciary is conscious of its place in history at this time. We believe the court will do justice in line with the facts and law.”
We remain optimistic – LP
LP maintained unflinching hope. Its national publicity secretary, Mr. Obiora Ofoh, in a phone conversation, expressed the party’s optimism that their supporters would not be disappointed by the judgment of the court.
“I have not been permitted to talk, but we are optimistic that the judgment, as anticipated, will be positive for the Labour Party. That is what we are looking forward to. We also believe that our teaming supporters will be happy with the outcome of the election.”
Only rerun can rectify INEC’s errors –Bode George
Former national vice president of the PDP, Olabode George, urged PEPT not to declare any candidate winner.
Speaking during a press conference at his Lagos office, yesterday, George said INEC did not comply with the constitutional guidelines for an election, thereby making the process unconstitutional.
He said instead of the courts to uphold what he said is the breaching of the electoral laws by INEC, a fresh election should be conducted that would follow all the electoral guidelines.
George said it would be a miscarriage of justice if the election, which, he said, didn’t follow the constitutional guidelines, is allowed to stand.
“Let this not be the Nigerian definition of democracy. It should not be the government of the judiciary by the judiciary for the judiciary. It must be the government for the people by the people.
“No matter the mess INEC has created, send them back to go and do another election. If it is 100 times that they mess up, they should redo the election 100 times. Don’t select any individual and declare him president because the guidelines for election were not followed. Anything besides that would be the government of the judiciary by the judiciary,” he said.
Ahamba, INC sue for justice
Senior Advocate of Nigeria (SAN), Mike Ahamba, and the Igbo National Council (INC) has urged the judges to ensure justice prevails.
Ahamba while speaking to Daily Sun advised against speculations and asked the people to wait until the judgment is delivered.
On his own part, INC President, Chilos Godsent, commended the panel in its agreement to televise the proceedings on live televisions, but he equally appealed for fair process incapable of plunging the nation into crisis.
“INC is pleased with the boldness of the Court of Appeal to have agreed to televise the proceedings on live television to enable Nigerians to follow up with the process.
“In view of the foregoing, we enjoin the presidential election petition tribunal to be very upright in its judgement and avoid anything that could lead the country to avoidable crises resulting from the outcome of the judgment.”
‘Nigerians want justice based on facts, not technicalities’
Convener of Million-Man March in Enugu, Chima Edoga, said Nigerians expect nothing short of justice based on facts and not technicalities from its verdicts.
Edoga, who spoke yesterday in a television programme in Enugu on the Million-Man March they organised and carried out in the Coal City on Saturday tagged “Our eyes are on the Judiciary,” said the judiciary should while adjudicating the matters know that they were the real ones under trial.
“Despite the sun and rain that beat us on Saturday people continued on the road and the message was very clear, that we want justice, justice, justice, at all levels. This is because the fundamental thing that you need for the society to thrive is for you to have justice. Justice for the strong, justice for the weak, justice for male, justice for female, justice for child and for the elderly, it doesn’t matter who is in power, it doesn’t matter who has the money, let justice be done. When you look at the facts, the facts are very stubborn, they don’t bend. Just look at the facts and give justice based on the facts don’t based on technicalities. We don’t want a repeat of what we have seen before where somebody that did not sit for the primaries is awarded the winner of the primaries. Somebody that came third or fourth in an election suddenly is awarded the winner of the election.
“We don’t want spurious judgment because we don’t want a situation whereby the masses will feel despondent or hopeless and then decide to take matters into their own hands. We are talking about 200 million Nigerians, so let the Judiciary know that they are under trial because the Judiciary think they are sitting and they are adjudicating matters but they are the ones under trial, Nigerians are looking at them, all eyes are on them. We have every representation from all works of life and the message is the same and very clear: that we are watching the Judiciary, we don’t want any mago-mago like they say in Nigerian parlance, what we want is justice.”
Speaking on the duration of election tribunals he said, “Looking at other climes, looking at other countries, first and foremost, this election tribunal should be concluded before swearing in, that one is common sense. We don’t want a situation whereby people that are holding powerful positions either the president or the governor or maybe a senator or member of House of Representatives, holding positions of power and then is going to court to check whether the election went well or did not go well, so you are opening up the system to some forms of abuse.
“Then the duration of the tribunal is a bit long. We want expeditious justice because we don’t want to be hanging Nigerians waiting for judgment to come. After the lower courts for the governorship election, you now go to the Court of Appeal after that to the Supreme Court, there shall be a restriction of the time and it should actually be dispensed with before swearing in. We don’t want a situation whereby somebody that is illegal is occupying a position and spends months to a year and later runs, he is declared to be illegal and another election is held.
“So you are wasting resources, you are putting up the system to abuse. Somebody that is not supposed to be on the seat of power is on the seat of power and he is appropriating the resources of the state and doing whatever the person likes. So we need a new change in our constitution.”
