1. Good afternoon ladies and gentlemen of the press.
2. This press conference has been necessitated by the need to alert you on the pervasive level of impunity in our dear country and the dangers it poses to our democracy. This threat should be a source of concern to men and women of goodwill in Nigeria. Sadly, this disdain for the rule of law is rearing its ugly head in the NASS leadership and INEC, in particular as it relates to the group that has come to be known as the “Katsina Ten” lawmakers, who were duly elected on the 9th of April 2011 to represent their various constituencies, on the platform of the defunct CPC. The Katsina Ten consist of two Senators (Abdu Umar Yandoma and Ahmed Sani Stores) and eight members of the House of Representatives (Mohammed Tukur Abba Sada, Abdu Umar Dankama, Aminu Ashiru Mani, Tasiu Dogara, Dr Umar Adam Katsayal, Musa Salisu Kafin Soli, Muntari Dandutse and Murtala Isa Kankara). As you are aware, these lawmakers contested the April 9th, 2011 National Assembly elections, were returned by the INEC Returning Officers as elected, issued with certificates of return within the time stipulated by law and were duly sworn into office in June 2011. Our defeated PDP opponents took us through the Election Petition Tribunal and Court of Appeal (the last court of appeal for election of federal lawmakers as provided for by the laws of Nigeria) between July 2011 – Oct 2011. But as you know we succeeded in our quest and retained our mandate.
3. However, an intra-party pre-election dispute between us and a cabal-like faction with powerful contacts within the party got to the Supreme Court of Nigeria. Curiously, the National Assembly Candidates of this cabal-like faction were not a party to this matter. In fact their application to be joined in the suit was refused and dismissed in the SCN ruling of Oct 17th 2011. But in its judgment delivered on the 16th December 2011 the SCN ruled that it has no jurisdiction to entertain the matter in dispute and couldn’t therefore make any consequential order.
4. It was on the strength of that judgment that was lacking in consequential order that INEC, on the advice of its team of legal consultants termed the ‘legal consortium’ and some members of staff of its Legal Department, erroneously and in negation of extant laws issued ‘Certificate of Return’ to a group of people that were never candidates and did not participate in the General Election of 9th of April 2011. This was clearly a violation of Sections 68, 75 and 141 of the Electoral Act 2010 as amended. This group of lawyers has no legal right to interpret a SCN judgment as the most legally acceptable option was to apply to the SCN for interpretation of its own judgment. By issuing these second set of Certificates of Return without the backing of a consequential order from a court of competent jurisdiction, in this case the Election Tribunal or Tribunal Appeal at the Court of Appeal as earlier stated, they paved the way for this group of interlopers to become Legislators of the Federal Republic of Nigerian, to sit in the Chambers of the NASS and vote on issues of national importance in contravention of Section 57 of the Nigerian 1999 Constitution as amended.
5. As a result of the illegal removal of the Katsina Ten due to the recognition of these imposters by the NASS leadership courtesy of an INEC letter voiding/withdrawing the first set of legally issued Certificates of Return (ours) and swearing them in as Lawmakers, we proceeded to file Suit No FHC/ABJ/1042/2011 at the Federal High Court Abuja. A declarative judgment on the 11th of January 2013 held that INEC has no power to void, withdraw, cancel, nullify, review or invalidate either directly or indirectly the Certificates of Return validly issued to us. The court also nullified and held as a nullity, the second set of Certificates of Return issued by INEC to these imposters and ordered the illegal occupants of our seats at the NASS to vacate them immediately and directed that we should be allowed to repossess our seats without let or hindrance. This judgment served on the NASS and INEC since the 15th of January 2013 is yet to be complied with.
6. This cabal-like faction appealed against the above judgment to the Federal Court of Appeal in Appeal No CA/A/83/2013. The Court of Appeal in its judgment of 1st of November 2013 not only upheld the judgment of the Lower Court but also dismissed the Appeal in its entirety. The judgment was served on both INEC and the NASS on the 4th of Nov 2013.
7. In line with Section 75 (2) of the Electoral Act 2010 as amended, we went to the NASS armed with certified true copies of our judgment order to repossess our mandates but the leadership of the NASS refused compliance without any legally acceptable reason. This is tragic, as the law interpreted by the courts was passed in the chambers of the NASS. It is worrisome if the chief lawmakers of our dear country now become the chief violators of the same law they made. INEC by its refusal to act in compliance to the judgment of a competent court showed its contempt of the law courts and the Judiciary at large.
Ladies and Gentlemen, the questions arising from this brief revelation are these:
a. For who are the laws of the Federal Republic of Nigeria made?
b. Are Nigeria’s arms of Government NASS and their various organs (INEC of the Executive arm) saying that the courts that are constitutionally empowered to interpret our laws /statutes are incompetent to do so?
c. Is it that these Public Institutions (INEC & NASS) do not have any respect for the rule of law and indeed the Judiciary?
d. Is this attitude of utter disrespect for the rule of law by bodies and persons looked upon for guidance by the Nigerian Society (i.e. the Senate President, the Speaker House of Representatives and the INEC Chairman) helpful to democracy and democratization, peaceful coexistence and harmony between distinct and interwoven fabrics of the Nigerian Society, and Public safety and Security in our Country?
8. My dear compatriots permit me to sound a note of warning to all categories of leaders in our country, to learn the virtues of justice, equity and fairness in their dealings as this is our only way to peace, security and progress. In this vein, we wish to assure INEC which has made it a habit to interpret court judgment as well as the leadership of NASS which puts partisanship ahead of the rule of law that we will pursue this matter to its logical conclusion, whatever that may entail. We are not the first to be victimised in this way and we will not be the first to accept anything other than the victory we earned both at the polls and in the court of law.
9. Political leaders and politicians must learn to always be truthful and sincere while avoiding unnecessary gang-ups and conspiracy. Internal democracy must also be nurtured and allowed to flourish in all political parties. Disrespect for the rule of law on the other hand can be equated to provoking chaos and anarchy, and could be a catalyst towards social upheavals and possible civil strife.
10. In conclusion, let me call on the Judicial Arm of Government and the Attorney General of the Federation and Minister of Justice to devise pragmatic ways of enforcing all judgments of our courts of law. Also, INEC must always work dispassionately without fear or favour, affection or ill will as that is what will nurture and sustain Nigeria’s democracy to maturity. May I also, extend my call to the NASS leadership, all arms and institutions of Government (MDAs) and well meaning Nigerians, leaders and the led alike to imbibe the culture of respect for the rule of law, and ensuring that this Rule of Law takes precedence over any other sentiment be it political, ethnic, sectional, religious, tribal etc. We look forward to joining hands with all and sundry to build a strong, peaceful, cohesive, progressive and virile Nation.
Thank you and God bless.