2015 ELECTION:- Legal Battle Thickens over March 28 polls

Momentum appears to be building behind the plethora of court cases seeking to scuttle the rescheduled general elections, raising concerns over the fate of Nigeria’s democratic experience despite assurances by senior government officials, including President Goodluck Jonathan, that the polls will go ahead.

The cases were brought by rather obscure individuals, but they are being filed by as many as 15 formidable Senior Advocates of Nigeria (SANs) whose huge fees, industry watchers, say the clients can ordinarily ill afford.

There are now court cases bordering on the use of PVCs and card readers, BusinessDay gathered, which have helped to raise more concerns in some quarters, that there are certain forces bent on truncating the nation’s fledgling democracy.

Mohammed Bello Adoke, attorney-general of the federation, has been accused of making moves that are capable of thwarting the efforts of the INEC at conducting free, fair and credible elections, using an updated electronic voters’ register and permanent voter cards.

A report circulating online in the last couple of days, quoting judicial sources, had claimed that it obtained leaked affidavits filed by a lawyer in the office of the attorney-general of the federation at the Federal High Court, Abuja, which allegedly revealed “a stealth and controversial attempt by President Goodluck Jonathan’s government to undermine the use of permanent voters’ cards (PVCs) in the country’s forthcoming elections.”

One of the cases is currently before Justice Abdul Kafarati of the Abuja Federal High Court challenging the use of PVCs for the polls, in which the All Progressives Congress (APC) is seeking to be joined as defendant.

Justice Niyi Ademola, who is a judge in the court, is handling one of the cases, which has been adjourned to March 19. Justice Ademola is the grandson of Nigeria’s first indigenous chief justice, Sir Adetokunbo Ademola. His great grandfather, the late Sir Ademola was an Alake of Egbaland; and his father rose to the position of justice of the  Federal Court of Appeal. Although many had expected him to rise to the Supreme Court, he did not make it in unexplainable circumstances.

A credible source, who is well regarded in the Nigerian civil society community told BusinessDay on condition of anonymity, that the civil society family in Nigeria was already canvassing international collaboration to prosecute anyone working to truncate the elections. 

Femi Falana, lawyer, human rights activist and former president of the National Association of Democratic Lawyers, said he would not comment until he had seen and read the affidavits.

“I am not in a position to comment. By the time I see it, you can call me tomorrow,” he said.

But speaking on the controversy surrounding the use of PVC for the elections, Olisa Agbakoba, former Nigeria Bar Association (NBA) president, said the issue is not about affidavit or any of such, but the ability of the INEC to provide the PVCs for every eligible voter. 

“The vital question to ask is whether PVC is the only valid item to use for the election. Every Nigerian is supposed to be captured by whatever electoral process INEC is putting out. If PVCs are to be used, I don’t see why TVCs should not be used, particularly when the INEC has not made available the cards to all those who registered,” Agbakoba said.

Zebulon Agomuo