The presidential candidate of the Peoples Democratic Party (PDP) in the 2023 general elections, Alhaji Atiku Abubakar, has told the Presidential Election Petitions Court that heaven will not fall if, by any chance, the incumbent president, Bola Tinubu, is removed from office by the court.
He said the fact that a presidential election has never been nullified before by a court is not a good enough reason to avoid doing the right thing.
Atiku, who declared this in his final written address in support of his petition challenging the declaration of Tinubu as the winner of the February 25 presidential polls, stated that if the tribunal, based on the plethora of evidence before it, resolves that Tinubu was unlawfully declared president and subsequently removes from office, nothing will happen.
The former vice president also asked the court not to rely their judgment on precedent, saying that the fact that a presidential election had never been nullified before in Nigeria was not a good enough reason for the tribunal to refrain from doing the right thing.
Atiku’s position comes on the heels of President Tinubu’s submission that nullifying the February 25 presidential election on account of the interpretation of the 25 percent of votes cast in the Federal Capital Territory (FCT) could lead to chaos in the country.
But against the backdrop of the president’s submission, Atiku said there would not be any chaos if the tribunal reached such a verdict.
Parts of Atiku’s written petition filed by his lead counsel, Chris Uche (SAN), read: “At this stage, it is pertinent to observe from the outset that the Second Respondent’s Final Written Address, with respect, reflects a complete misconception and unfortunate misunderstanding of the case of the Petitioners.
“A subtle threat of an apocalyptic catastrophe of national chaos and anarchy, if a judgment is not given in a particular manner, cannot deter a court of law from doing justice.
“The court must do justice, rather than let the heavens fall, but as courageously stated by the Supreme Court per Oguntade JSC in the epic case of AMAECHI vs. INEC & ORS (2008) LPELR-446(SC) (Pp. 67–68 paras. D): ‘I must do justice even if the heavens fall.’ The truth, of course, is that when justice has been done, the heavens stay in place.”
Atiku’s counsel also urged the court to embrace the help of technology in delivering substantial justice rather than rely on obsolete technicalities in consideration of the petitions before them.
“A fortiori, this Honourable Court will be urged to dispense with the archaic and analog methods of proof and embrace the progress made by technology in this new paradigm shift, improving and pushing the traditional boundaries of the burden of proof in the quest to attain substantial justice.”
Atiku concluded his final address by calling on the five-member panel led by Justice Haruna Tsammani to uphold the provisions of the Constitution of the Federal Republic of Nigeria 1999 (as amended) at a time like this.
“This has become necessary because, in these times, there is an unrestrained inclination to disregard the Constitution and treat its terms with irreverence and disrespect. The constitution is the very foundation and structure upon which the existence of all organs of governance is hinged. It must be held inviolable.
“We, therefore, submit with all sense of responsibility that this nation and its judiciary stand at the threshold of history. We submit that the fact that a presidential election has never been nullified by the Courts in Nigeria before now is not a good reason not to do so now, as it is just to nullify the return of the Second Respondent and grant appropriate orders. As was eloquently put by the celebrated Law Lord, Denning MR, in the case of Packer vs. Packer (1954) AC P.15 at 22:
“What is the argument on the other side? Only this means that no case has been found in which it had been done before. That argument does not appeal to me in the least. If we never do anything that has not been done before, we will never get anywhere. The law will stand still while the rest of the world goes on, and that will be bad for both.
“May our law and our country not stand still while the rest of the world goes on. As has been said, let justice be done; the heavens will not fall.”
