Though a verdict foretold, the Supreme Court’s affirmation of President Goodluck Jonathan’s electoral victory early last week removes the final judicial albatross on the president’s neck. LEADERSHIP SUNDAY’s LOUIS ACHI writes that the victory, reminiscent of late President Umaru Yar’Adua’s in 2008 over General Muhammadu Buhari and Alhaji Atiku Abubakar, imposes compelling governance imperatives on the incumbent to focus on the nation’s current challenges and pull Nigeria back from the brink.
?“Now that that process has run its full course, President Jonathan hopes that General Buhari and his party will accept the ruling of the esteemed Judges of the Supreme Court in good faith and join hands with him and other well-meaning Nigerians to build a united, stronger and prosperous nation that present and future generations of Nigerians can be proud of.”
President Goodluck Jonathan, extending an olive branch to Gen. Muhammadu Buhari after Supreme Court’s affirmation of his victory
Mid last week, the Supreme Court in a unanimous decision dismissed an appeal filed by the Congress for Progressive Change (CPC) and affirmed the victory of President Goodluck Jonathan and his vice Namadi Sambo in the April 16,2011 presidential election. The apex court had upheld the verdict of the Presidential Election Petitions Tribunal which ruled that Jonathan was validly elected and dismissed the CPC’s petition on the grounds that the petitioner could not prove its petition beyond reasonable doubts.
The seven-man panel of Justices of the Supreme Court comprising the Chief Justice of Nigeria (CJN), Dahiru Musdapher, Mahmud Muhammad, Walter Samuel Onnoghen, John Afolabi Fabiyi, Olufunlola Oyelola Adekeye, Bode Rhodes-Vivour and Nwali Ngwuta had in a unanimous decision dismissed CPC’s petition on November 1, 2011.
In the lead judgment prepared and delivered by Justice Adekeye, the apex court said: “From whatever angle this petition is looked at, it is clear that the burden of proof of the allegations contained in the petition, be they criminal or substantial non-compliance rested with the petitioner.”
Continuing in its 26 page judgment, the Supreme Court observed that “the petitioner did not discharge this burden to warrant a rebuttal evidence to be adduced by the first set of respondents. The lower court came to this conclusion going by the evidence before it both oral and documentary that the election of the office of the president and vice president has not been successfully challenged; the petition failed and was dismissed.
“By this, the foregoing conclusion of the lower court was in the circumstance right, proper and unassailable-this court has no justifiable reason to interfere with it. The appeal lacks merit and it is accordingly dismissed. The judgment of the lower court is affirmed. Consequently, the 3rd and 4th respondents won the election conducted by the 1st respondent on the said 16th April, 2011 and were returned by the 1st respondent as the duly elected president and vice president respectively of the Federal Republic of Nigeria. No order as to costs”.
The CJN, who was absent in the court had his judgment on the CPC delivered by Justice Onnoghen. He agreed with the lead judgment and further held that the appellant did not prove the alleged substantial non-compliance to merit any relief sought. According to him: “I align myself with the conclusion of the lead judgment and consequently dismiss the appeal.”
Agreeing with the position of the lead judgment, Justice Fabiyi? said that since the CPC failed to prove its complaints of non-compliance of the conduct of presidential election with the relevant provisions of the law, and that the non-compliance substantially affected the outcome of the election, the findings of the lower court? have merit.
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The Yar’Adua Parallel
As in the current saga, in December 2008, the Supreme Court of Nigeria finally resolved the legitimacy albatross hanging around the neck of President Umaru Musa Yar’Adua by affirming the sanctity of his victory in the April 2007 presidential poll. The apex court, in a majority judgement, held that the appeals filed by Alhaji Atiku Abubakar of the Action Congress (AC) and retired Major-General Muham-madu Buhari of the All Nigeria Peoples Party (ANPP) had failed and consequently dismissed them both.
Then Chief Justice of Nigeria, Idris Legbo Kutigi, Justices Iyorgyer Katsina-Alu, Niki Tobi and Dahiru Musdapher gave Yar’adua a lifeline while Justices George Adeshola Oguntade, Aloma Mariam Mukthar and Walter Samuel Onnoghen followed their conscience that there was admission even by Umaru Yar’Adua that there was substantial non-compliance with the Electoral Act 2007.
Significantly, in a swift reaction to the judgment confirming his victory Yar’Adua expressed humility at the outcome and called on the presidential candidate of the ANPP, General Buhari, and former Vice President Atiku Abubakar of the Action Congress (AC) to join hands with his administration to bring the dividends of democracy to Nigerians. He also commended Buhari and Atiku as well as his other opponents in the 2007 presidential election for channeling their protests through the legal system. “This is a testimony to their high democratic credentials, maturity and unwavering faith in our country,” he stated.
President Jonathan’s olive branch is reminiscent of late President Umaru Yar’Adua’s proposal of a GNU that eventually brought on board his administration, representatives of the All Nigeria Peoples Party, ANPP and the Progressive Peoples Alliance, PPA. The Action Congress, AC (now ACN) opted out. It could be recalled that Buhari, then presidential candidate of ANPP distanced himself from the deal.
Interestingly, a replay of that scenario occurred with Buhari’s resolute rebuffing of Jonathan’s offer last week. A miffed Buhari proclaimed that the verdict of the apex court was politically motivated and spurned Jonathan’s conciliatory reach-out saying he would never be part of “the chop-chop government.” As it were, as opposed to a purely ideologically-based approach to governance, President Jonathan’s earlier proposal of an inclusive or broad-based government to accommodate the opposition borrows from an old historical tradition which emphasizes realism and pragmatism. But this clearly has cut little ice with Buhari who is stoutly keeping faith with his reputation as a stern, principled soldier-politician.
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A Post-Victory Agenda…
Beyond President Jonathan’s diplomatic stance in extending an olive branch, a move that recalls his earlier proposal of an inclusive government shortly after he was declared victorious by INEC, there are tough challenges ahead. Undeniably, the unrelenting legal challenges by some aggrieved candidates against the electoral victory of Jonathan may have generated significant pressure on the president. By extension, the determination to deliver on his transformation agenda could not have been immune to the sense of uncertainty that has shrouded governance in short life of the current presidency. Last week’s victory clearly puts all this behind.
The stakes are extremely high, and Nigerians are mindful that a failure to achieve democratic stability, security and economic prosperity may imperil the country’s future as a coherent state.
The key areas of challenge remain security, physical and human infrastructure development, , and constitution re-engineering to address several areas of anxiety and concern in the Nigerian project. Today, security almost dwarfs all other key areas of concern. The much criticized jumbo security budget in Jonathan’s 2012 proposal to the National Assembly tacitly recognizes this. All the same, the listed areas do not exhaust all the challenges but merely capture the kernel. The apex court’s affirmation provides a fillip for the president to navigate with.
With little doubt, politics will always be propelled by grease, hot air and showmanship. Acknowledged, showmanship is not Jonathan’s forte – but at a more fundamental level, the imperative of development in a Third World country in the 21st century suggests an alternative mode of engagement.
The emerging consensus is that political leadership should not just be a matter of coping with the political challenges of the moment, or doing well at getting elected, or even meeting immediate problems the right way. In this light, analysts hold that political leaders must approach governance according to an understanding – according to a set of principles – that reflects a sense of the permanent destiny of the nation. That is the key post-victory challenge facing Jonathan.
Nigerians anxiously wait.