The Supreme Court led by Justice Aloysius Katsina-Alu, a notorious wheeler
dealer, today took a first step in several sources within the judiciary
and political circles described as a broad effort to thwart any
meaningful political change in Nigeria and, in the short term, a plot
to pave the way for former President Ibrahim Babangida and former
Governor James Ibori to steal power.

This morning, a seven-man panel of
the apex court unanimously ruled that Arthur Agwuncha Nwankwo,
presidential candidate of the People’s Mandate Party (PMP) and his
running mate, Muhammad Abdullahi, had a valid case in challenging the
election of Umaru Yar’adua in April 2007. The legal challenge, brought
by way of appeal against the election of Umaru Yar’adua and Goodluck
Jonathan, received what a senior advocate characterized as “a surprise
and unusual boost from the Supreme Court.” .

The case had earlier been thrown out by the presidential election
petition tribunal headed by Justice James Ogebe on September 3rd 2007
for lacking in competence.

A highly knowledgeable source told Saharareporters that the apex
court’s decision to overturn Justice Ogebe’s ruling must be seen in the
context of the grave power play that has paralyzed Nigeria’s governance
and cast presidential leadership in a serious crisis. Loyalists to both
Yar’adua and Jonathan are currently engaged in a grim brinkmanship over
which faction is to exercise power – even as Yar’adua remains bedridden
and has not been seen or heard from by Nigerians ten days after his
purported discharge from a Saudi hospital.

Today’s judgment, which was delivered with five justices in attendance
while two were absent, concluded that Mr. Nwankwo’s appeal was
meritorious, ruling that it set aside the September 2007 judgment for
being null and void. The Supreme Court subsequently remitted the case
to the lower court to be adjudicated by a fresh panel to be constituted
by the President of the Court of Appeal.

Three sources, two legal authorities and the third a top PDP
politician, told Saharareporters that the case could prove tricky
especially at the time when the country badly needed a way out of its
present political logjam.

“I can tell you that today’s judgment represents a move by the Supreme
Court leadership in conjunction with some political operatives on the
Yar’adua side of the political equation to use the court to ease out
Dr. Goodluck Jonathan from office by annulling the election at the
reconstituted Court of Appeal,” said one of the sources.

Our informants stated that, once the election is annulled, the PDP
would decide not to appeal the verdict at the Supreme Court. “Instead,
the party would welcome the chance to present another set of candidates
to replace Yar’adua and Jonathan – claiming that its original
presidential candidate is incapacitated,” said one source. He added
that the ruling party would most likely hand its ticket to Babangida,
with Ibori as the vice presidential candidate. “The duo would then be
positioned to steal victory in early elections that might be ordered by
the Court of Appeal,” said one of our sources.

Our political sources said the apex court’s judgment is part of the
ruling party’s covert designs to shut out new candidates that are
likely to emerge to challenge a weakened PDP in elections scheduled for
2011.

A legal expert told Saharareporters that the apex court’s decision is
also suspicious since a majority of the same court had ruled last year
that Yar’adua’s election was in order – despite detailed evidence of
substantial violations of the electoral act.

“I am highly disturbed by this ruling,” said a Port Harcourt-based
senior advocate, adding that the verdict “smacked of political
adventurism of the worst kind.”

Since January, Justice Aloysius Katsina–Alu has led the apex court.
Known for his close ties to serial criminal Ibori as well as former
Attorney General Michael Aondoakaa, both prominent members of the
Yar’adua “kitchen cabinet,” Katsina-Alu is notorious in legal circles
for his penchant for corruption and meddling in cases to derail
justice.

Last week, Justice Katsina-Alu pulled one of his suspicious moves when
he intervened to halt the scheduled ruling of the Court of Appeal to
decide the gubernatorial election in Sokoto State. One lawyer told us
that the Chief Justice’s intrusive maneuver in that case, exclusively
exposed by Saharareporters, was unprecedented in the history of the
Nigerian judiciary.

One of our sources said that the new Chief Justice appeared to be
positioning the courts to help the Ibori faction of the PDP to
reestablish control both of the party and Nigeria.

But in a short interview with us, the lead lawyer to the plaintiffs,
Nnabuike Edechime, explained that his clients actually wanted the
Supreme Court to annul the 2007 election by invoking Section 37 (1) of
the 2006 Electoral Act. The act states: “If after the time for the
delivery of nomination paper and before the commencement of the poll, a
nominated candidate dies, the Chief National Electoral Commissioner or
the Resident Electoral Commissioner shall, being satisfied of the fact
of the death, countermand the poll in which the deceased candidate was
to participate and the Commission shall appoint some other convenient
date for the election.” Mr. Edechime explained that the electoral
commission should have rescheduled the 2007 election when Adebayo
Adefarati, the presidential candidate of the Alliance for Democracy,
died on March 29, 2007, just before the election. He said it was proper
for the courts to nullify the presidential election on account of
Adefarati’s death.

Asked if he was aware that the ruling might have interesting political
implications at this time, Edechime said he thought the annulment of
the election would be the best way out of the political logjam
besetting Nigeria at the moment.

Today’s ruling took place in the presence of James Ogebe and John
Fabiyi, two justices who played a role in upholding the legitimacy of
Yar’adua’s election at the lower tribunal. After Ogebe and Fabiyi
handed victory to Yar’adua, they were hastily elevated to the Supreme
Court.

Today’s case was presided over by Justice George Oguntade, who was
absent from court. Justice Walter Onnoghen, who was also absent, wrote
the ruling. Other justices on the panel are Olufunmilayo Adekeye,
Mahmud Mohammed, Francis Tabai, Ikechi Ogbuagu and Muhammed Muntaka
Coomasie.

Wole Olanipekun and Damina Dodo, both senior advocates of Nigeria,
represented Yar’adua/Jonathan while Kanu Agabi (SAN) represented the
Independent National Electoral Commission (INEC) and 40 others.

Edechime, Mirabel Edozie and Uba Chukwuka represented the plaintiffs, Arthur Nwankwo and the Peoples Mandate Party.