Supreme Court names Muhammad, Ogunwumiju as Ariwoola recuses self
By Jeph Ajobaju, Chief Copy Editor
Seven out of the 11 current Supreme Court Justices have been picked to adjudicate the appeals filed by Atiku Abubakar, Peter Obi, and the Allied Peoples Movement (APM) against the election of President Bola Tinubu, which hearing will begin on October 23.
The Justices are Musa Dattijo Muhammad, Uwani Musa Aji, Lawal Garba, Helen Ogunwumiju, Mohammed Saulawa, Tijani Abubakar, and Emmanuel Agim, according to a notice signed by Zainab Garba in the office of the Registrar, per Daily Post.
As reported by TheNiche on October 14, that means Chief Justice of Nigeria (CJN) Olukayode Ariwoola and Justice Kudirat Kekere-Ekun both likely recused themselves from the case to avoid conflict of interest.
The notice said by the Order 2 Rule 1 (2) of the Supreme Court’s Rules 1985 as amended, the notice is deemed as sufficiently served on the parties.
Atiku is the presidential candidate of the Peoples Democratic Party (PDP) and Obi that of the Labour Party (LP). Tinubu is a member of the All Progressives Congress (APC).
The top court also fixed October 23 for hearing of the motion filed by Atiku seeking to bring fresh evidence to prove Tinubu submitted a forged certificate to the Independent National Electoral Commission (INEC), which constitutionally disqualifies him from the office of President.
__________________________________________________________________
Related articles:
Ariwoola tells Judges to deliver justice, restore confidence in judiciary amid election petitions
Tinubu’s transcript shows why CSU didn’t issue him certificate, Atiku explains
BBC did a paid job on Tinubu’s Chicago papers, Atiku and Obi shout back
__________________________________________________________________
Speculated reasons for recusals
TheNiche report said Ariwoola would probably recuse himself over his longstanding relationship with Tinubu and Kekere-Ekun would probably do so because her husband is on the board of American University of Nigeria (AUN), Yola, owned by Atiku.
The panel faces an uphill task of securing a unanimous judgment of the seven Justices required by law to adjudicate presidential petition appeal – which some of them allegedly mulling technicalities and others keen on constitutional justice.
A source who spoke on condition of anonymity said the “arm-twisting” involves the Department of State Security (DSS) and the Attorney General of the Federation (AGF), Yusuf Fagbemi.
Fagbemi is said to be the middle man between Tinubu and the Supreme Court Justices who divide into two camps – those who want to adopt technicalities in the case and those who advocate for constitutional and fair justice devoid of legal technicalities.
The judgment appealed was delivered by the Presidential Election Petition Court (PEPC) on September 6 which many critics say used legal technicalities to deny truth and justice, ignoring the spirit of both the Constitution and the Electoral Act.
The Supreme Court website shows it currently has 11 Justices instead of the normal 15.
Apart from Ariwoola and Kekere-Ekun, the two other Justices not on the presidential panel are John Okoro and Adamu Jauro.
 of the Supreme Court’s Rules 1985 ....){kind=link}