Lukman Olabiyi
Nobel Laureate, Prof. Wole Soyinka, has called on the Federal Government to save the country from further embarrassment over the continued detention of Omoyele Sowore, following continued disobedience of court order.
He noted that an apology to the nation by the Department of State services (DSS) and the judiciary would also not be out of place as it would go some distance in redeeming the image of an increasingly “fascistic agency” and reduce the swelling tide of public disillusionment.
Prof. Soyinka stated this in a statement in reaction to the attack on protesters demanding the release of Sowore by DSS, in Abuja on Tuesday.
The Nobel Laureate also called on civil society organisations to strategise and coordinate their responses to attacks on human rights by state agents under President Muhammadu Buhari.
“It should become abundantly clear by now that civil society organisations, committed to the entrenchment of the Rule of Law and the defence of fundamental human rights must come together. This is not a new cry. They must meet, debate, and embark on a binding pact of tactical responses whenever these two pillars of civilised society are besieged by the demolition engines of state security agencies.
“The sporadic, uncoordinated responses as in the case of Omoyele Sowore, the absence of a solid strategy, ready to be activated against any threat — these continue to enable these agencies in their mission to enthrone a pattern of conduct that openly scoffs at the role of the judiciary in national life. Result? A steady entrenchment of the cult of impunity in the dealings of state with the citizenry – both individuals and organisations. The level of arrogance has crossed even the most permissive thresholds,” he said.
He condemned the arrogance of state agents under President Buhari, which he claimed has crossed even the most permissive thresholds.
But said it was heart-warming to witness the determined efforts of concerned Nigerians in defence of these rights.
“Predictably, the ham-fisted response of the Directorate of State Security (DSS) continues to defy the rulings of the court. The weaponry of lies having been exploded in their faces, they resort to what else? Violence! Violence, including, as now reported, the firing of live bullets. Why the desperation? The answer is straightforward: the government never imagined that the bail conditions for Sowore would ever be met. Even Sowore’s supporters despaired. The bail test was clearly set to fail! It took a while for the projection to be reversed, and it left the DSS floundering. That agency then resorted to childish, cynical lies. It claimed that the ordered release was no longer in their hands, but in Sowore’s end of the transfer. The lie being exploded, what next? Bullets of course!,” he said.
Atiku Buhari: Supreme Court gives reasons on it’s judgment Friday
From Godwin Tsa, Abuja
The Supreme Court will on Friday adduced reasons for it’s judgment that dismissed the appeal filed by the Peoples Democratic Party (PDP) and it’s presidential candidate, Atiku Abubakar against the declaration of President Muhammad Buhari as winner of the Febraury 23 presidential election.
Already, notice has been issued by the apex court notifying all parties of the date.
The said notice issued by the Ibrahim Gold and dated November 13, 2019 reads “ the reasons for the judgment delivered on Wednesday the 30th day of October 2019 in appeal no SC1211/2019: Atiku Abubakar & anorV INEC & 2 Ors will be listed before the Supreme Court of Nigeria on Friday the 15th day of November, 2019 at 9.00am.
And further take notice that in accordance with the Supreme Court Rules, this Notice is deemed sufficiently served on you if it is delivered on your telephone.”
The Supreme Court had in it’s summary judgment dismissed the appeal by the PDP and Atiku Abubakar, its candidate, against the re-election of President Muhammadu Buhari.
The seven-member panel led by Justice Tanko Mohammed held that having gone through all the documents and exhibits two weeks ago, the panel discovered that the appeal lacks merit.
“We have examined the submissions of parties in this matter and the exhibit adduced and we have come to a conclusion that this appeal lacks merit, appeal is hereby dismissed.
“A date for reason would be communicated to the parties,” Mr Mohammed ruled.
Mr Abubakar and his party, on September 23, filed 66 grounds of appeal before the Supreme Court after the presidential election petition tribunal at the Court of Appeal on September 11 dismissed their petition against Mr Buhari’s re-election.
Following the tribunal’s judgment affirming the re-election of President Buhari, the PDP filed its request before the apex court challenging the decision.
The PDP and Mr Abubakar said the Court of Appeal panel that heard their petition erred in law when it ruled that President Buhari did not need to submit an actual certificate to INEC as part of documents in his CF001.
The PDP also said the presidential tribunal erred when it ruled that the PDP did not provide sufficient evidence to back its claim that Mr Buhari did not attend a secondary school among other issues.
During the court hearing on Wednesday, before the seven-member panel read its about one-minute decision, lawyers in the matter had argued why the appeal should or should not be dismissed.
The lead lawyer representing the petitioners, Levy Uzoukwu, while trying to prove his point started with the issue of Mr Buhari’s qualification.
He said it is on record that the second respondent failed to give any explanation between the first name of the respondent which is ‘ Muhammadu’ and the first name appearing on the picture which was tendered as exhibit R19/R21, which is ‘Mohamed’.
Mr Uzoukwu backing up his argument said the lower court speculated that the name belongs to the second respondent with “No reason, no evidence,” he added.
The senior counsel, presenting the issue of Mr Buhari’s certificate, also said no reason was given by Mr Buhari on record why it is impossible to bring forth any of the three certificates he claimed he possessed.
“Nobody, not even his witness could give evidence that they have seen the original, Certified True Copy(CTC) or photocopy.
the same vein, Mr Buhari claimed he had primary school certificate, there is no testimony from primary and secondary he claimed he attended. Not even a qualification from Cadet,” Mr Uzoukwu said.
On the issue of server, Mr Uzoukwu said the electoral umpire denied having a server but “I submit that if the first respondent appreciates, he should never have denied its existence because they failed to call witnesses, they failed to establish where they store card reader data and Permanent Voters Card (PVC) data.”
According to Mr Atiku’s lawyer, the Independent National Electoral Commission(INEC)’s counsel relied on section 52(2) of the Electoral Act to contend that electronic election is prohibited in the country.
Mr Uzoukwu said the provision INEC relied on was amended and deleted and replaced by another provision in 2015, that is that there is a new section 52(2), he explained.
“The lower court relied on the old provision and we did draw the attention of the lower court on this issue. The new provision has not been interpreted or applied by this or any other court. I urge the court to allow the appeal,” Mr Uzoukwu pleaded.
Responding, the lawyer to INEC, Yunus Usman, said the first respondent would adopt its brief of argument filed October 12 but submitted that “the appellants have woefully failed to prove that the first appellant scored the majority of lawful votes cast at the election.
“This is because out of over 191,000 polling units(PU), they called only five PU agents to prove that they scored the majority of the lawful votes cast, when the requirement of the law is that a PU agent must be called to testify in each of the PU across the country. I do not know why they are here. The failure to do so is fatal to their case,” Mr Usman added.
Replying to the PDP on the issue of server, Mr Usman said neither of the appellants has proved the particular server they created in March after the election titled www.factsdontlie.com.
” Until the Electoral Act is amended , INEC does not have the power to transmit electronically.
“We urge the court to dismiss the appeal with substantial cost.”
When asked about section 55(2) of the Electoral Act, Mr Usman said the section allows INEC to conduct voting in an election either electronically or manually and the first respondent chose manually.
On his part, Mr Buhari’s lawyers led by Wole Olanipekun said they would also adopt their brief of argument filed October 15 and urged the court to dismiss the appeal which he further said, should not have been brought before the court after the painstaking decision of the Appeal Court.
Mr Olanipekun said Mr Uzoukwu tried ” to make a mountain out of a molehill, without distinction. According to him, nobody gave an explanation to the difference between Muhammadu and Mohamed.
“He who lives in a glass house does not throw stones. The same lower court ruled in favour of the second respondent, where it held that Levi is the same as Livinus.
The Constitution has prescribed what a candidate should provide while vying for a position,” Mr Olanipekun added.
“On the issue of server they said no member of the appeal panel made findings that INEC had a server. The finding is that there is a website managed and controlled by the electoral umpire.
“Under the evidence act, if there was a server, it should have been tendered because it would be a public document, the court cannot speculate.”
Citing a case to buttress his point, the senior counsel submitted that there was nothing in the case, stressing that law is not about sentiment.
The All Progressive Congress (APC) lawyer, Lateef Fagbemi, on his part also relied on the process too and urged the court to dismiss the appeal and “as well as the court can carry it, throw it,” he added.
In addition, on the issue of name, he said the appellant did not mention it in their petition. ”The petition is innocent of this averment.”
“On the issue of qualification, I submit with respect that section 318 of the Constitution spells out what the person vying for the presidency must have.”
After all arguments by lawyers in the matter, the court stood down for about 20 minutes and returned to dismiss the appeal. The court said its reasons for the decision would be given on a later date to be communicated to the counsels.