One after the other, the serious legal challenges to the continuation as President of ailing Nigerian leader, Umaru Yar’Adua, were this morning at the Federal High Court in Abuja adjourned by the Chief Judge, Dan Abutu. It all happened one day after the same judge heard a bogus case that was hurriedly filed last week, and determined that the Vice-President does not need a formal transfer of power to "act" as President with Yar'Adua incapacitated.
First to be adjourned today was the case filed by the Nigerian Bar Association. It was followed by the case filed by civil rights attorney Bamidele Aturu on behalf of Honourable Farouk. They were both adjourned by one week, until January 22, for judgment.
The third case, filed by West Africa Bar Association president, Mr. Femi Falana, was more eventful, as Mr. Abutu found himself booted by the law to the sidelines. The case was transferred to another judge as the plaintiffs asked the Chief Judge to recuse himself to avoid likely bias in the handling of the case since he has already given a suspicious judgment yesterday in a similar case before him.
In his judgment in that matter, which was filed by hitherto unknown litigants only six days earlier on January 7, courtesy of Nigeria’s Attorney General and Minister of Justice, Michael Aondoakaa, the Chief Judge declared that there is no vacancy in the presidency and as such Goodluck Jonathan can only act in those areas where Yar’Adua has delegated authority to him.
The ruling "legitimized" an earlier proposition made by Aondoakaa in which he asked Jonathan to assume the powers of the president under Section 5 of the 1999 constitution. Jonathan rejected the proposal but fell for the latest one.
At today's hearing, Mr. Falana’s case was transferred to Justice Bello of the Federal High Court Abuja for expedited hearing. The Chief Judge and the government's lawyer, Mrs. Mbamale, acceded to the plaintiff's demand without resistance. In transferring the case the Chief Judge admitted that having given a ruling yesterday that was different from the relief being sought by Mr. Falana, he was unlikely to contradict himself as that would amount to setting a ruling in a case “appealing an earlier decision.”
This development transfers to Justice Bello a historic burden at a time that the judiciary is increasingly being called upon to play a critical part in Nigeria's fledgling democracy. No date has been fixed for Mr. Falana's case .
Saharareporters had reported accurately yesterday that Justice Dan Abutu’s arranged ruling yesterday was aimed at undercutting today’s cases. In addition, and contrary to reports in a majority of Nigerian newspapers today, the Vice President did not gain any mileage from Mr. Abutu's dubious ruling. The judgment merely rubber-stamped what members of Yar’Adua’s kitchen cabinet, who have consistently opposed Jonathan’s assumption of power, have always wanted.
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