ABUJA – The Nigerian Court of Appeal yesterday dealt a blow to Vice President Atiku Abubakar’s presidential ambitions by ruling the electoral body has the power to remove names from the list of candidates.
The decision clears up uncertainty over the main candidates for landmark elections in Africa’s most populous nation on April 21, and will probably favour former army ruler Muhammadu Buhari as the leading challenger to the ruling party, analysts said. The Independent National Electoral Commission (INEC) removed the name of Abubakar, who was chosen by the opposition Action Congress, from the official list of candidates because he was indicted for fraud.A lower court had ruled the INEC had no authority to disqualify candidates, and yesterday’s ruling was in response to an appeal by the electoral commission.”The appellant not only has the right to screen and disqualify candidates, but to remove the name of candidates without recourse to court,” said Judge Rabiu Mohammad, reading the unanimous verdict of five judges.Abubakar has argued the fraud indictment was politically motivated and amounts to an attack on democracy ahead of the vote, which should mark the first transition from one elected leader to another since independence from Britain in 1960.Lawyers representing Abubakar said they would appeal the ruling immediately to the Supreme Court.With presidential polls only 18 days away, analysts said there was no time left for the appeal and this meant Abubakar was almost certainly out of the race.”It completely seals the fate of Atiku.He can’t stand because there is no time to appeal,” said Pini Jason, political columnist for Vanguard newspaper.Had he been allowed to run, analysts ranked him as one of three front-runners to succeed President Olusegun Obasanjo, who must step down after eight years in power.A spokesman for Abubakar said the Appeal Court ruling was “academic” and did not refer directly to Abubakar’s case.”This does not determine Atiku’s fate in the elections,” said Garba Shehu, adding that he was awaiting a Federal High Court later on Tuesday which is expected to deal specifically with INEC’s power to exclude Abubakar.In the Appeal Court ruling, Judge Mohammad said it would amount to a ‘circus show’ for INEC to seek a court judgement on its powers since the indictment of Abubakar had been promulgated in a government white paper.Abubakar’s challenge to his indictment is due to be heard by another court on April 29, after elections.Nampa-ReutersThe Independent National Electoral Commission (INEC) removed the name of Abubakar, who was chosen by the opposition Action Congress, from the official list of candidates because he was indicted for fraud.A lower court had ruled the INEC had no authority to disqualify candidates, and yesterday’s ruling was in response to an appeal by the electoral commission.”The appellant not only has the right to screen and disqualify candidates, but to remove the name of candidates without recourse to court,” said Judge Rabiu Mohammad, reading the unanimous verdict of five judges.Abubakar has argued the fraud indictment was politically motivated and amounts to an attack on democracy ahead of the vote, which should mark the first transition from one elected leader to another since independence from Britain in 1960.Lawyers representing Abubakar said they would appeal the ruling immediately to the Supreme Court.With presidential polls only 18 days away, analysts said there was no time left for the appeal and this meant Abubakar was almost certainly out of the race.”It completely seals the fate of Atiku.He can’t stand because there is no time to appeal,” said Pini Jason, political columnist for Vanguard newspaper.Had he been allowed to run, analysts ranked him as one of three front-runners to succeed President Olusegun Obasanjo, who must step down after eight years in power.A spokesman for Abubakar said the Appeal Court ruling was “academic” and did not refer directly to Abubakar’s case.”This does not determine Atiku’s fate in the elections,” said Garba Shehu, adding that he was awaiting a Federal High Court later on Tuesday which is expected to deal specifically with INEC’s power to exclude Abubakar.In the Appeal Court ruling, Judge Mohammad said it would amount to a ‘circus show’ for INEC to seek a court judgement on its powers since the indictment of Abubakar had been promulgated in a government white paper.Abubakar’s challenge to his indictment is due to be heard by another court on April 29, after elections.Nampa-Reuters
Stay informed with The Namibian – your source for credible journalism. Get in-depth reporting and opinions for
only N$85 a month. Invest in journalism, invest in democracy –
Subscribe Now!