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PEPT Judgment: The Rape of the Judiciary?
By Eric Elezuo
At the end of such legal wars like the petition instituted by the Peoples Democratic Party (PDP) and its candidate in the February 23, 2019 Presidential Election, Alhaji Atiku Abybakar against the trio of President Muhammadu Buhari, the All Progressives Congress (APC) and the Independent National Electoral Commission at the Presidential Election Petition Tribunal, emotions are certain to flow. They are shock, indifference and celebration. Shock at the fact that the outcome was totally unexpected; indifference at the fact ‘we know that was how it would end and celebration at victory.
While however, the first two were deeply experienced and expressed, the last was conspicuosly missing.
When the election results were declared on February 25, it was obvious to observers that the PDP and Atiku Abubakar would not let go. In the first instance, they had followed events on the cyberspace to know that more of Nigerians have lost faith with the Buhari administration, and were likely to kick him out via the ballot box. Again, the party and its presidential candidate had received a lot of goodwill from many prominent Nigerians. And so when the election results proved otherwise, tempers were let loose.
PDP and Atiku have alleged that massive electoral fraud were perpetrated in addition to intimidation by security operatives and the infamous use of ‘server’ which INEC claimed was non-existent.
In a unanimous decision by the five judges of the Appeal Court led by Justice Garba Mohammed, Atiku and PDP’s petitions were dismissed ‘in its entirety’ as lacking merit, even as they decribed the evidence presented as ‘a drop in the ocean’.
Atiku’s case, which the APC described as a complete waste of time, was backed by ‘verifiable’ documents and loads of witnesses, with a claim that a server thus exist and that the process was marred by untold irregularities. But alas, the judgment of the five wise men, which took a whopping eight hours to deliver, cleverly dodged the obvious and made pronouncements which some described as voice of the respondent.
In reaction to the judgment, the two political parties said inter alia:
APC: “The APC congratulates the Judiciary for refusing to succumb to the opposition party’s subterfuge. We note the painstaking efforts and thoroughness of the Justices of the Presidential Election Petition Tribunal in arriving at their decision. Today’s judgment, no doubt, would go down in the annals of our nation as the longest and detailed, spanning almost 10 hours.
PDP: “Nigerians and the international community watched in utter disbelief when the tribunal ruled that one need not provide a copy or certified true copy of educational certificate such individual claimed to possess, contrary to established proof of claims of certification.
Among the ‘landmark’ judgments at the tribunal was the decision of the judges that attaching (academic) certificates to contest election was not necessary, quoting electoral laws, just as it informed that there is no difference between Muhammadu and Mohammed so long as there is a Buhari in it. This has no doubt left Nigerians gaping, wondering the motivation behind such judgment. It is known that once a letter in a name differentiates two documents, the documents are nullified and never tendered. It therefore, becomes an abberation for the judiciary to blatantly declare that there is nothing with Muhammadu being in one document and Mohammed being in another. Its other decision of calling to question the importance of certificates as a prerequisite for election also raises eyebrows to which a cross section of Nigerians allege rape of the law and manipulation of facts.
While the APC wallow in the euphoria of the court victory, it is important that a wholistic approach is employed to examine the extent the so called last hope of the common man has been raped or otherwise, and who actually masterminded and participated in the rape of the judiciary.
World-renowned boxer Anthony Joshua on Monday survived a ghastly road accident in Makun, Ogun State.
Eyewitnesses report that the incident occurred along a busy highway of the Lagos-Ibadan expressway.
The vehicle carrying Joshua, a Lexus Jeep with the number plate, KRD 850 HN, reportedly collided with a stationary truck under circumstances that are still being investigated.
Joshua reportedly sustained minor injuries, while two persons were said to have died on the spot.
Former Vice President Atiku Abubakar has cautioned that any attempt to hurriedly re‑gazette Nigeria’s new tax laws could undermine parliamentary oversight and set a dangerous constitutional precedent.
Atiku’s warning follows public scrutiny over reports that the Tax Reform Acts signed by President Bola Tinubu differ from the versions passed by the National Assembly. Lawmakers, including Abdussamad Dasuki, raised concerns that the alterations could pose serious legal and constitutional risks, noting that they were not backed by any constitutional framework.
In a statement on X, Atiku said the directive to re-gazette the Acts effectively confirms “that the gazetted version of the Tinubu Tax Act does not reflect what was duly passed by the National Assembly,” calling it “a grave constitutional issue.”
He emphasized that under Section 58 of the 1999 Constitution, a bill only becomes law after passage by both chambers, presidential assent, and gazetting.
“Gazetting is merely an administrative act of publication. It does not create, amend, or validate a law,” Atiku said, adding that any post-passage insertion, deletion, or modification without legislative approval constitutes forgery rather than a clerical error.
Atiku further warned that rushing a re-gazetting while legislative investigations are ongoing “undermines parliamentary oversight and sets a dangerous precedent,” stressing that the only lawful approach is “fresh legislative consideration, re-passage by both chambers, fresh presidential assent, and proper gazetting.”
The former vice president clarified that his position is not opposition to tax reform but a defence of constitutional order.
“This is a defence of the integrity of the legislative process and a rejection of any attempt to normalise constitutional breaches through procedural shortcuts,” he said.
The Federal government has denied wrongdoing, insisting the laws will take effect as scheduled on January 1, 2026, while the National Assembly has directed the issuance of Certified True Copies of the Acts to ensure clarity and accuracy.
Barring unforeseen circumstances, the Labour Party (LP) Presidential Candidate in the 2023 elections, Mr. Peter Obi, is set to formally join the African Democratic Congress (ADC) on December 31, 2025.
The development would put to rest months of speculation about where the former Governor of Anambra State would pitch his tent in the coming elections.
Reports claim that Obi would be defecting with serving senators and other lawmakers elected on the platform of the LP, as well as remnants of the Peoples’ Democratic Party (PDP) in the South East region.
Specifically, Obi would be defecting alongside the Senator representing Anambra Central, Victor Umeh; that of Anambra North, Tony Nwoye; Abia South, Enyinnaya Abaribe; PDP chieftain Ben Obi; and members of the Obidient movement in the region.
It is not clear if the Abia State governor, Alex Otti, is part of the planned movement to the ADC.
The governor was recently approached by the PDP to join the party and re-contest his current position in 2027.
Further reports quoted Obi’s spokesperson, Valentine Obienyem, as confirming the planned defection of his boss to the ADC.
“Yes, it is true,” he reportedly said on Sunday.
Senator Umeh said the event would hold in Enugu, adding that it would involve all Obi’s supporters across the South East region.
“They will come from Abia, Anambra, Ebonyi and Imo states to join those in Enugu, where this exercise will hold on 31st December,” he reportedly added.
Sources hinted that Obi, who has not hidden his intention to appear on the ballot in 2027, would contest the presidential ticket of the ADC.
On his part, Chief Chekwas Okorie, reportedly said that the expected formal defection of Obi to the ADC is a healthy development that could reshape the thinking and permutations of the 2027 general elections.
“I imagine that he would be defecting along with most of his associates and followers. I believe that a fortified and strong ADC will add value to the opposition and assuage the general fear of a possible one-party option to Nigerians come 2027. The APC, ADC and possibly the PDP locking horns in the 2027 democratic encounter promises a vibrant and robust electioneering campaign that will provide Nigerians the required options to make informed choices in electing their preferred leaders at all levels. I imagine that the APC leadership will return to the drawing table to map out the strategy to confront the emerging challenge. Nigerians are in interesting times,” Okorie stated.
National President of Njiko Igbo Forum (NIF), Rev Okechukwu Obioha, vouched support for Obi to ensure he reaches the pinnacle of his political career. He, however, cautioned that the ADC should not compromise merit and integrity in the choice of its presidential candidate, stressing that Obi remains the “hope for the restoration of the country on the path of greatness.”
