‘Jonathan Has Rights to Contest in 2011’

‘Jonathan Has Rights to Contest in 2011’

Former National Legal Adviser of the Peoples Democratic Party (PDP), Hon. Mark Jacobs, in this interview with Davidson Iriekpen, speaks on the controversy surrounding the Sokoto State governorship election petition before the Supreme Court. The former Attorney-General and Commissioner for Justice in Kaduna State also comments on the build up to the next year’s general election

The Court of Appeal in Sokoto had fixed a date for judgment in the Sokoto State governorship election petition case, but the Chief Justice of Nigeria (CJN) intervened and halted the judgment . What are the implications of this action?
First, I want us to look at the background.

That case had a lot of controversies surrounding it, accusations and counter-accusations. The regulations and the rules of the court give the CJN supervisory powers over the courts. He is the chief law officer as far as the Judiciary is concerned so, he has powers to intervene in serious situations like that of Sokoto State in order to maintain the sanctity and integrity of the judicial arm of government. The Sokoto matter as I said earlier, has been trailed by a lot of controversies.

I know that there were a lot of petitions and accusations against the judicial officers in the Court of Appeal in Sokoto. What transpired was an allegation that even the judgment that was to be delivered had been exposed. People already had knowledge of the judgment and that is not good for the judiciary.

So, the action of the CJN was in order, to arrest a situation where the judiciary would be bastardized and the sanctity of the system insulted. Of course it may be possible that we have not seen the outward display of these powers because we have not seen a situation in the past where a judgment is arrested. But I know that the Supreme Court and even the Court of Appeal had exercised such powers of control over the lower courts but they were not publicized as in this case.

They did not receive this kind of attention as they were not high profile cases as this one. But the most reasonable thing to do was done by the CJN, in the face of all the accusations. Suspend or arrest the judgment and probably conduct investigations. I am sure the matter will eventually be sorted out.

But don’t you think the arrest of the judgment was hasty as these were mere allegations?
The allegations may look mere but no matter how small a suspicion may be, it deserves investigation. This high profile matter that has received so much public attention and subjected to a lot of commentaries and interpretations in the media. That is why it became necessary to arrest the situation, so that decency and fair play will be seen to have been upheld.

At that stage of the intervention by the CJN, if nothing had been done, I assure you that whatever judgment the Court of Appeal might have delivered would have been further subject of controversy and criticisms which could impugn the integrity of the judiciary and the presiding judge in the country has a duty to protect the integrity of the judiciary.
How do you react to insinuations that the PDP has a hand in the controversies and that perhaps the party is afraid of losing Sokoto State?

Why should the PDP be afraid of losing Sokoto State? It goes beyond that. What baffles me in this country is the over-glamorization of the PDP. Everything that happens, people are quick to say it is the PDP. Even when we lose a football match, people say it is the PDP. I sincerely do not think that the PDP has that kind of control. And, mind you, the CJN is not a member of the PDP. So, I do not see how the PDP can be said to be responsible for such action.

If you look at cases of judiciary interpretations in this country, PDP has lost more than any other political party in the present dispensation. I am not aware of any governor from another party that lost his seat to the PDP. But the PDP lost in Edo state. If the PDP is so powerful, it would not have allowed the Court of Appeal to take away its victory in Edo state or go to Ondo state and hand it over to the Labour Party. It would not have happened.

I am not sure that the PDP we have today is that powerful to control not just the political turf, but to also go into the Judiciary and exercise control. That is not a realistic assessment of the situation.
What are your views on the controversy surrounding President Umaru Ya’Adua’s continue absence from the public?

This country is a very wonderful place. For me, it is the best country in the world. There are so many things that happen here which cannot happen in any other place. With due respect to those who were chosen to see him, I do not see what advantage or what value it has added to the national debate. What is unfortunate is that the selected individuals who have seen him have no roles in the Constitution as far as the present situation is concerned. If they went there to pray for him, fine.

Otherwise, they have no roles whatsoever if the issue is to be tabled before a legally constituted body. So, I do not see what values the visits have added rather they have raised another angle of controversy. Their visits have heightened the apprehensions, the tension and the allegations. If I were the President, except you are coming to pray for me, I do not need such personalities to contribute to the national discourse that is going on.

But some people are calling for the impeachment of the President. What is your opinion?
Of course, there have been agitations long before now to impeach the President, section 145, 146 and all that. But the fact remains that Nigeria and Nigerians have to define where we want to go. Nigerians, particularly those in control of the power, we need to sit down and chart a course for the democratic journey.

They have a duty and the responsibility to chart a course. Nobody can do it beside them and that is where the National Assembly comes in and the new ministers too.
Nigerians were told that the president was recuperating when he returned from Saudi Arabia. Is there no time frame in the Constitution for an individual to recuperate?

No. Sickness has no time limit, so, you cannot put any time limit for recuperation. But as I said, the people saddled with the responsibility to run this country have the responsibility to chart a course. They should not be found guilty of failing to take certain decisions. It is better to take the wrong decision instead of not taking any decisions at all on issues.
You mean the PDP?

Yes, the PDP is in the majority in the National Assembly and is in control in most of the states. The party has a duty to chart this course. The National Working Committee of the PDP led by Ogbulafor has a duty to provide leadership for all its members to follow. The National Chairman of the PDP and his team cannot be followers in this matter. They have to be leaders and this acid test of their leadership. They must provide the road map for all members of the party.

The PDP has barred Acting president Goodluck Jonathan from contesting the presidency in 2011. Does that constitute an infringement on his fundamental rights?

I am an outsider when it comes to decisions taken by the National Working Committee but we also need to understand what a right is. Is it an equitable right or is a right that is enforceable. A right is something that is yours and you can enforce it. In determining whether the Acting President can contest, it has to be determined whether it is a right to contest or we should say that he should be allowed to participate in the process. He has a right to aspire and I do not think anybody should take that away from him. It is a relative matter whether he has the right.

Does he have the right to say he must contest under the ticket of the PDP? These are issues that require more discussions and political permutations because in the PDP and in the other political parties, there are several factors that determine the emergence of a candidate. He has to go through those factors and get the ticket if he wants to contest. But the Acting President has not commented on the issue. So, we wait until he bares his mind on the matter and say that he wants to contest or that he has been denied the right to contest.

Former President Ibrahim Babangida has formally declared his intention to contest in the 2011 presidential race. What do you think?
The right of participation cannot be denied anybody particularly in the face of the Constitution. The former head of state is a Nigerian and he has the right to vie for the position of the President.

The Acting president is a Nigerian and he has the right to contest. Gen. Muhammadu Buhari has the right to participate in the process but there are factors that must be taken into consideration. Atiku is coming back to the PDP and he has the right to aspire to contest. Certainly, there are many more aspirants that will come up but before you become a candidate, it is a different ball game and this will be determined by members of the PDP who will decide who they want to present as the flag bearer. There are several factors, sectional religious and the Nigerian factors. All these factors will have to be considered. There are also issues of zoning and running mate, which will come to the front burner.











Sokoto Guber: Anxiety as Supreme Court Commences Hearin

Supreme Court will on Monday commence hearing on the appeal filed by Governor Aliyu Magatarkada Wamakko of Sokoto State, challenging the decision of the Court of Appeal in Sokoto to deliver judgement on the petition against his election despite the directive of the National Judicial Council (NJC) halting the judgement pending the determination of his petition before the council, writes David...

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