Even before Nigeria’s supreme court sits to hear the appeal filed by Mr. Atiku Abubakar, the presidential candidate of the peoples democratic party (PDP) in the 2019 general election, controversy has been generated by the exclusion of senior justices Sylvester Ngwuta and Mary Odili, from the panel to hear it by Tanko Mohammed, chief justice of Nigeria (CJN).
The CJN, Bode Rhodes-Vivour and five other justices of the supreme court are on the panel hearing Atiku’s appeal against the judgement of the tribunal affirming the election of President Muhammadu Buhari.
Apart from the CJN and Rhodes-Vivour, the other justices currently hearing the appeal are Olukayode Ariwoola, Amiru Sanusi, John Okoro, Ejembi Eko and Uwani Abba-ji.
The exclusion of both senior justices is neither supported by law nor precedent, as it is a tradition at the supreme court for senior justices, including the CJN, to preside over presidential election appeals.
Recall that a caucus of the Peoples Democratic Party (PDP) in the house of representatives had asked that Odili, Ngwuta and Rhodes-Vivour be appointed to the panel to hear the appeal.
Atiku, PDP presidential candidate in the last election, had filed an appeal at the apex court to challenge Buhari’s victory at the election petition tribunal.
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