Lawyers fault peace panel’s moves on Buhari, Atiku

TWO legal luminaries have faulted ongoing moves by the Abdulsalami Abubakar-led peace panel to seek a political solution to the rejection by the candidate of the Peoples Democratic Party (PDP), Alhaji Atiku Abubakar, of the result of the February 23 presidential poll.

The Independent National Electoral Commission (INEC) declared incumbent President Muhammadu Buhari as the winner of the election.

However, members of the peace panel have embarked on troubleshooting, following the rejection of the result of the opposition candidate over alleged gross malpractice.

The team met with the vice-president, Professor Yemi Osinbajo, on Friday in Abuja, less than 24 hours after holding a similar consultation with Atiku and other PDP leaders in Abuja.

But, reacting to the development, a former Commissioner for Justice and Attorney-General for Ondo State, Chief Sola Ebiseni, said it was ultra vires for the Abdulsalami-led peace panel to attempt to discourage Atiku from seeking legitimate means to get justice, having been denied of victory at the poll.

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Ebiseni claimed that it was not within the power of the panel to determine the cause of action any of the parties might want to take based on the provisions of the 1999 Constitution (as amended).

He argued that the mandate of the Abdusalami panel was to “ensure that the Nigerian election is not turned to war.”

According to the legal practitioner, Atiku has the right to exercise his rights as provided in the constitution, especially in the light of infractions that characterised the conduct of the February 23 presidential election.

He listed some of the malfeasance, which he described as electoral brigandage as wantom killings in a number of states.

“There can be no legitimate pressure on Atiku or PDP not to seek judicial solutions to this electoral brigandage. Anyone suggesting that is an enemy of peace and means not well for Nigeria. It cannot be over emphasised that the tribunals are an extension of the electoral and even the democratic process.

“How can anyone expect Atiku to overlook such rape on democracy in Kano, Katsina, Kaduna, Gombe, Yobe, Borno, Lagos and the wanton killings by security men on behalf of the APC and Buhari in Rivers and Bayelsa, etc. The integrity of the PDP leaders is at stake as the democratic pedestal for the majority of Nigerians yearning for quality and civilised governance,” Ebiseni said.

His full statement reads: “The role of the Abdulsalami Peace Committee was unambiguously declared ab initio. It is to ensure that the Nigerian election is not turned to war.

“That was exactly why presidential candidates were persuaded to sign a peace accord expressing a commitment to peace. That accord, to my mind, was violated with mindless impunity by the ruling party and with undisguised endorsement by government and security agents in many parts of the country, obviously where the main opposition, PDP, and its candidates enjoyed massive followership.

“To me, resorts to any means to victory, contrary to the constitution and the Electoral Act are, to say the least, a violent act, provocation of violence in resistance and invitation to anarchy. I was the PDP Presidential Collation Agent for Ondo State during the election and in vintage position to observe the elections in all the local government and compare notes from my colleagues across the country.

“It was shameful and a reduction of our country’s quality status in the comity of nations. There can be no legitimate pressure on Atiku or PDP not to seek judicial solutions to this electoral brigandage. Anyone suggesting that is an enemy of peace and means not well for Nigeria. It cannot be over emphasised that the Tribunals are an extension of the electoral and even the democratic process.

“How can anyone expect Atiku to overlook such rape on democracy in Kano, Katsina, Kaduna, Gombe, Yobe, Borno, Lagos and the wanton killings by security men on behalf of the APC and Buhari in Rivers and Bayelsa etc. My brother, let me tell you that the integrity of the PDP leaders is at stake as the democratic pedestal for the majority of Nigerians yearning for quality and civilised governance.

“Atiku has never had the opportunity as this to demonstrate his leadership as this. He already has his hands on the plough and cannot afford to look back. The struggle is not about Atiku or even PDP but of our nation. If we must remain as one nation, we can only be governed on terms agreeable to us all.

“For instance, in my own South Senatorial District for instance, the Returning Officer was coerced to declare a concluded election inconclusive at the collation just in order not to embarrass the APC and the State government after receiving information came PDP was already winning the other two Senatorial District.

“At the end, INEC declared the election inconclusive on the excuse that PDP won with 27,000 votes while the polling units where APC unleashed violence have 28,000 registered voters. Our argument that less than 15,000 registered voters in those units actually collected their PVC and are eligible to vote made no sense to INEC in its desperation to please the power that be.”

Speaking on the matter, national chairman of the Social Democratic Party (SDP), Chief Supo Shonibare, who is also a lawyer, observed that “we had a clearly disputed national election.”

Stressing the need for a credible process, he said “it is always helpful to have a committee of elders & statesmen who are respected by both the ruling party and the opposition in the event of a disputed national election.

“Gen Abdulsalami said he had taken the complaints and the grounds Alhaji Atiku and candidates of CUPP are relying on for the agitation for the setting aside of the results in most of the polling units, in parts of the country.

“CUPP has made allegations of suppression of votes in areas where the opposition coalition held sway. There are also allegations of outright falsification of entire results. It is incumbent upon the president to address these issues as leader of the country and not as the presidential candidate of APC.

“Until those holding public offices become more committed to building credible processes and institutions that are able to represent our collective interests, we would not have built a stable polity. We need to start interrogating the processes. Why were card readers deliberately discarded in some parts of the country? Why were security agencies in connivance in some parts of the country?

These are allegations being made, which if substantiated by proof, the president, the Chief of Army Staff and the Attorney-General must take action and carry out their constitutional responsibilities.

“Those identified must be arraigned to face the natural consequences of their action. There are videos recordings which are of very probative evidentiary value. Ultimately, our courts will exercise their judicial constitutional responsibilities in determining the legitimacy of the processes. Gen Abdulsalami’s peace committee is a useful interim interventionist group capable of enabling a dialogue until judicial intervention.”