Former Vice President of Nigeria and presidential candidate of People’s Democratic Party (PDP), Atiku Abubakar, has told the Presidential Election Petitions Court that heavens would not fall if the court rules that Bola Tinubu was unlawfully declared president and subsequently oust him from office.
Atiku stated this in his final written address backing his petition challenging the declaration of Tinubu as the winner of the February 25 presidential election.
Atiku stated the fact that a presidential election had never been nullified before in Nigeria was not enough reason for the tribunal to avoid doing the right thing.
While arguing against the submission of Tinubu that cancelling 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, Atiku said no chaos would occur if the tribunal reached such verdict.
He said: “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.”
In the final address, the Lead counsel to Atiku and PDP, Chief Chris Uche, SAN, said: “A subtle threat of apocalyptic catastrophe of national chaos and anarchy if a judgement is not given in a particular manner cannot deter a court of law from doing justice.
“The court must do justice, rather ‘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 concluded his final address by urging 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.
He wrote: “As was stated by the Supreme Court, per Oguntade JSC in GOVERNOR OF KWARA STATE V OJIBARA (2007) All FWLR (Pt. 348) 864 at 877 para D:- I have said this much in the hope that all players in the field of politics will imbibe the culture of paying due reverence and regard to the provisions of the constitution.
“This has become necessary because in these times there is 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 @ 22:-
“What is the argument on the other side? Only this 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 which has not been done before, we shall never get anywhere. The law will stand still whilst 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.”
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