The recent reservation of judgment by the Supreme Court on the fate of the African Democratic Party (ADC) leadership tussle is currently generating controversies in the country. In this interview with OKEY MADUFORO, a chieftain of the party and Senior Legal Practitioner, Barr Okoli Akirika, speaks on its implications

Recently, the Supreme Court reserved judgement on the legal tussle over the leadership of the ADC. What is your view on this?

This is a subtle way to keep the country in a state of suspended animation. The decision of the Supreme Court in adjourning judgment on the matter pending before it concerning the ADC, PDP and the INEC is shocking, looking at the time frame.

As it stands, the ADC as a party cannot do anything, even the Independent National Electoral Commission (INEC) as an electoral body cannot do anything going by what they said before; they cannot deal with the ADC and they cannot say we can’t deal with ADC.

The Justice Mohammed Garba-led fivemember panel adjourned judgment on the appeal filed before by the ADC after the lawyers of the parties adopted their various briefs and prayed that the apex court should grant their prayers. The truth is that it’s the Supreme Court of Nigeria and the highest court of the land. It’s not the Supreme Court of the ADC; it’s not the Supreme Court of the PDP neither is it the Supreme Court of INEC.

And that brings into focus or perspective the clear provisions of Section 287 (1) of the 1999 which says that the decision of the Supreme Court shall be binding and has authoritative effect on all persons and authorities throughout the federal Republic of Nigeria. So, what the Supreme Court does has expansive effects nationwide. So, whatever the Supreme Court does has an extensive effect nationwide.

The effect of what the Supreme Court is to do is not confined to the subject matter before the court. That decision, judgment, ruling or order will have what I may call universal effect within the federal Republic of Nigeria.

What the Supreme Court the other day by adjourning the matter pending when they are ready, to me, has multiplier effects because it has put on hold the trial pending at the Federal High Court which adjourned its ruling pending the outcome of the Supreme Court judgment. The Supreme Court judgment now adjourned its own ruling till further notice, that’s pending when the parties seem it fit to come.

So, I will say that what happened today was a subtle way to keep the country in a state of suspended animation, because the ADC as a party cannot do anything, even INEC as an electoral body cannot do anything going by what they said before; they cannot deal with the ADC and they cannot say we can’t deal with ADC. Everybody is awaiting the outcome of the state that the Supreme Court will say.

An American jurist said centuries ago that the prophecy of what the court would say is not anything more portentous. So, while we wait for the outcome of the Supreme Court judgment, we are awaiting the processes by the Supreme Court.

What I am saying in essence is that this is an opportunity for the Supreme Court to rise to the occasion to address the peculiarities attending that ADC, PDP and INEC face-off because whatever Supreme Court decides today has an authoritative or binding effect on all persons and all authorities in Nigeria.

So, the Supreme Court as the apex court of the land owes it a duty, not just to the litigating parties; not just to the ADC, not just to PDP or INEC but to the entire federation because it means that the entire polity is now in a clear case of suspended animation because of the multiplier effect the anticipated decision will have on the country.

And without sounding preposterous I will say as a person that I don’t not see why the Supreme Court could not deliver a bench ruling because what’s in the issue is the jurisdiction of the court. It’s a question of looking at processes filed before the court, then looking at the enabling legislation, particularly section 83 of the Electoral Act that bars the court from granting interlocutory relief in matters affecting political parties,” he argued.

In view of the fact that in a plethora of cases involving just the recent one, the Labour Party intra-party case, the Supreme Court rule was emphatic that the issue bordering on intra party dispute are purely an internal affair of the party.

So, I would have thought with the greatest respect on the supreme Court that they (judges) would have delivered what lawyers call a bench ruling; their procedure can meet that and then adjourn to give reasons why they arrived at that decision. But for reasons best known to their Lordships of the apex court they decided to shelve or postpone or adjourn their ruling pending the time the parties prefer.

I will say in the interim that would have an hazard effect on the polity because everybody, everything and every activity will be suspended pending the time the Supreme Court delivers its ruling and that’s not the best for the nation.

It is important to note that the clear mandate of section 14 (1) of the 1999 Construction says that the Nigerian government and its people, that Nigeria shall be a state established on the principles of democracy and social justice.

Some have argued that it has to do with a plot against the opposition parties in the country?

If opposition politics is on trial because of judicial proceedings, the Supreme Court owes it as a duty to this section to make sure that every decision is taken very timeously so as to make sure that the democratic aspiration of the nation is not compromised.

So, postponing or deferring a matter as critical as this will impinge either directly or indirectly, knowingly or unknowingly; by commission or commission on the entire polity and politics of Nigeria.

As at now, opposition politics which is being driven by ADC is kept in abeyance, is kept in suspension. INEC the electoral body cannot either act for or against the ADC because the state of the ADC is yet to be decided by the Supreme Court.

In view of the fact that the Supreme Court has plethora of cases, emphasized the importance of timeliness in electoral matters. What the Supreme Court should do is give muscle to what they said in those cases that in electoral matters everybody involved should endeavor to accord timelines to matters pending before the court. The supreme Court should be guided by its decisions that in election matters time must be respected.

Now is the appointed time, now is the time of salvation and this is the time for the Supreme Court to salvage itself and ensure that everything that has to do with either the PDP, ADC or any other political matters is resolved with immediate effect.

In your last interview, you expressed these fears that the party in power may have an agenda against the opposition?

Yes, I expressed these fears and it is currently playing out because time is too short for the opposition to make other arrangements. I also warned that the opposition should have a Plan B para-adventure.

It becomes too late for them to be on the ballot, and with this recent adjournment, who knows when the Supreme Court would deliver judgement. Don’t also forget that there is a pending matter at the Federal High Court that was adjourned waiting for the ruling of the Supreme Court, hence the plot appears to be playing out.

Last time, the issue was status quo which in the eyes of the law is the executive of the party led by David Mark before Rafiu Bala filed his suit and the Independent National Electoral Commission (INEC), ought to have recognized that executive but it chose the status quo of Bala which is improper.

The electoral body suddenly became the courts and apparently hijacked the role of the Judiciary and it is my observation that it might be on the strength of that confusion that a judgement which ought to have been delivered was reserved despite the urgency of the moment.

Without sounding preemptions, the judgement may come so late at a time that the opposition would be more confused to the extent that it may find it difficult to be on the ballot. This, of course, would have a ripple effect on the politics and polity of the country to the detriment of the common Nigerians.