CNN just announced this a minute ago. Can anyone confirm this?

i think this is the only hope left for the masses now atiku eventhough he willnot win i know for sure will scatter the election for PDP on saturday

Sorry this is no hope for no masses, he represents the interest of no one.

However good for him, now that he has won at the supreme court he should contest lets see how popular he is. Hope he is man enough to accept the result on Saturday, whether he wins or loose. Elections are not only free and fair when we win.

The supreme Court's ruling is good for our democracy. I am not pro-Atiku but just a firm beliver in the rule of Law and justice. Why did the Federal Govt have to go all that mile to ensure that the VP doesnt contest . They even declared an impromptu public holiday to further their game plan. Sovereignity lies with the Nigerian People who should be allowed to exercise their rights to choose whom they want. Afterall, Atiku may not win.

the best thing for atiku to do now is to form strong aliance with anpp and co so that they give pdp a tough time next saturday. ;

While not lauding Atiku as good presidential material, I beg to differ with some of the opinions expressed here.

In an earlier thread, I had argued that Atiku has not been convicted of any crime, and that the politically motivated indictment by the administrative panel, would not stand the test of a rigorous legal challenge.

To conclude that Atiku, or for that matter OBJ, are 'thieves' without convictions from the courts is absolute nonesense. I have my suspicions, but until, and, when they can be proven to be, these men remain legally innocent.

However, we can use our moral value system to indict both Atiku and the PDP, and 'execute' the sentence by voting against both. This is the choice that democratic practice provides for us.

Whether Atiku will win or not the issue. RULE OF LAW that is all we have been shouting on this Atiku case. Imagine the 2day public holiday declared last week just to make sure supreme court did not declare that INEC has no power to disqualify. OBJ has been using arm twisting to get what he wants.

Now that Supreme court has ruled. What will happen to election in Anambra state where Chris Ngige was disqualified despite court order. Please those that are nearer to OBJ should advice him to obey court other so that we won't be wasting resources.

I don't care who wins the presidential election. My happiness despite all the rigging is that OBJ is leaving by may 29. Let have a new set of people, no matter who. OBJ has recked this country. 8 wasted years. He has every opportunity to make this country great but he used it to pursue vendetta.

@ McKren,
Methinks, you owe me an apology. Below are excerpts from our discussions on the Atiku issue, where I indicated that I would offer an unreseved apology to you if the Supreme court ruled that Atiku could be disqualified. I also noted that you should return the favour if Atiku's disqualification was trashed. Be man enough to concede.


Please carefully read what I have written. I addressed a 'conviction' in 1. and an 'indictment' in 2., which is why they were separate statements. Either disqualifies the candidate. However, while the former (a standing conviction by a court) has some finality, the latter (an indictment) if improperly arrived at, can be overturned quite easily.

1. The constitution clearly contains sections that deal with the right to fair hearing, which is understood in civil society to include the 'constitution' of the (in this case) Administrative panel of inquiry (the judge & jury dilemma), requirements for the full disclosure (documents et al) of the accusations to the accused, the right to fair representation and, most importantly, the right of appeal.

Until, and unless all these are satisfied, the 'indictment' remains a farce. Gazetting such an indictment is comical. I would ask that you wait for the conclusions of the higher courts on these issues and see whether you are wrong in your interpretation of this provision, or whether the learned professors who have so far spoken, are.

[size=14pt]I will offer unreserved apologies if you are right (i.e. the courts uphold that the indictment is compliant with the spirit of the constitution). I hope you can return the favor when proven wrong.[/size]

2. On the issue of the right to disagree with the Sultan, I cannot agree more, but the language of our discourse must show respect for both the person and the institution he represents. That Americans hurl all manner of insults on their leaders, does not make it the right thing to do. In America, under the guise of freedoms, even Jesus Christ and other religious icons can be insulted.

3. If you cannot understand the consistency in Wole Soyinka's comments on the PTDF scandal and, at the same time his protests about INECs banning of Atiku, then let me see if I can help.

Soyinka is no fan of Atiku's, but understands that if you want to remove him on an impeachable offense, like corruption, you must follow the constitutional provisions.

If you refuse to impeach, then you lay the grounds to be accused, rightly, that the indictment is political, and therefore cannot be used as a reason for disqualification as a candidate for election.

As I stated, the right to vote and be voted for is inalienable.
This presupposes that the qualifiers for these rights are met. e.g. to vote, certain minimum age requirements must be met, and so to be voted for, certain qualifications must be met. This does not mean the right is not inalienable.

As an example, the right to life is inalienable, but our constitution contains several qualifiers on when life can be taken.

Any student of history understands the challenges our dear country currently faces,and we cannot let the arrogance of one man (OBJ), drive us to the brink.

hmmmn hmmn

the implication of this is that in states like anambra,adamawa and others where candidates were disqualified elections will have to hold again

From all indications, PDP will win come saturday presidential election with or without Atiku; leading it's runners up with a large margin (say 6 million or more). PDP is the super rigger.
NO THANKS to OBJ

.

DRANOEL:

hmmmn hmmn

the implication of this is that in states like anambra,adamawa and others where candidates were disqualified elections will have to hold again

ELECTION DID NOT HOLD IN ANAMBRA STATE.

One of the beauty of this dispensation is that d judiciary ve been upright to defend d rule of law. Atiku is a strong and courageous man dat firmly believe in d rule of law, he has fought d political battle of his life and he has come out victorious, i personally respect him 4 having d gut to challenge obj to a standstill despite all d state machineries at obj disposal. With dis ruling, its clear shows dat atiku will contest and if d election could b free and fair, he will WIN cos obj and pdp knows dat he could WIN n a free and fair election. some of d state governors are jst following obj cos of efcc and secretly still associating wit ATIKU, D REAL MAN. whether, he wins or not, he has fought a GOOD FIGHT and obj too knows dat. I WILL VOTE 4 ATIKU 4 REALLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL

This is not such bad news afterall, He will be defeated comprehensively and find out the hard way that he's not all that afterall. Where does he expect to defeat the PDP? He'll probarbly only win Lagos due to Asiwaju's influence.

My only concern is that he'll continue his  noise making after the elections. Being the desperate man that he is, he will complain the he was 'robbed' of his mandate.

We're all aware that the stability of Nigeria is relegated to the background by his blind ambition.

I totally agree with Ugwumba!Atiku has won how many cases against OBJ now-15/16?I don't hold brief for Turaki and if we must follow the rule of law,there's nothing the FG has against him as the courts have shown.He has consistently told anyone that has any proof or allegation of corruption or enrichmentvia public office to come foward and show!The man went to the extent of facing the Senate Commitee on PTDF!From High to Appeal to Supreme Courts the chap was vindicated.Now my grouse is that Papa and pickin party are definately afraid of this chap~not to digress further OBJ the democrat that he is has been throwing spanners into the works of our polity for his own selfish interests!
Atiku bet me would give Yar 'adua a good run~the sham and charade of the selection and election formatting Iwu and his task master did would lead to dire concequences this weekend for the "Politicians Deceiving People" party~people are fed up and the whole world has seen that it's indeed time up for OBJ and his bandwagon of rogues,bandits,frauds and louts!

IS good as Atiku is cleared by the court, in that way he can now contest,I know he won't accept the result when INEC will declear Yaradua the Winner,hope he has bought enough ARMS from his american Jeferson friend he gave our PTDF money to?

@Ugwumba

Appologies are rendered when you have any regrets for your actions or what you said. I do not have regrets for my arguments on this issue, because common sense should tell us that aspects of constitution that has to do with electoral matters should be implemented by the electoral commision. What supreme court has succeeded in doing today is to give politicians a tool to circumvent the constitution, meaning that a political party could field a 10year old for election and INEC would have no say provided no other political party petitions the court of law.

However, I do accept the ruling of the Supreme court and expect INEC to abide by the ruling.
Do I have any regrets for my stance on this issue? NO. Thus sorry I am not going to appologise for the sake of it.

Only in 9ja has it gotten so messy, interesting, complicated, absurd, delicate, unthinkable,

This Obj and Atiku issue should only be determined and fully rested by the electorate. They both represent different pieces of the same bad pie and should be treated as such in the polls.

The very sad bit is the absence of a strong and popular replacement (for both of them) in this elections.

However it falls, we are not likely to have them both prosecuted (on the PTDF scandal) after May 29. (This is a big shame)

Please can anyone enlighten me on the readiness of Nigerians to actually stand up against corrupt leaders in anti-corruptions skin??

McKren:

@Ugwumba

Appologies are rendered when you have any regrets for your actions or what you said. I do not have regrets for my arguments on this issue, because common sense should tell us that aspects of constitution that has to do with electoral matters should be implemented by the electoral commision. What supreme court has succeeded in doing today is to give politicians a tool to circumvent the constitution, meaning that a political party could field a 10year old for election and INEC would have no say provided no other political party petitions the court of law.
However, I do accept the ruling of the Supreme court and expect INEC to abide by the ruling.
Do I have any regrets for my stance on this issue? NO. Thus sorry I am not going to appologise for the sake of it.

@ McKren, much as I enjoy reading your comments on nl and list you among some of the more articulate, you can of course understand my disappointment at your response above.

You seem to infer that the 'law is an a$$', by stating that the current ruling can be used to establish grounds for a 10-year old to contest elections. You miss the point, which I can attempt to help with below.

1. If a party nominates a 10-year old knowingly and indicates this in its submissions (i.e. that he is 10 years of age), INEC may proceed (only as executors of the electoral law) to disqualify him. However, this disqualification can still be challenged in court, but of course the courts would clearly not rule in the 10-year olds favour in this case.

2. If INEC claims that a party's candidate is 10-years old, when the party has indicated a different age, then INEC cannot disqualify until they can prove that this individual is actually 10 years old.

Therein lies the dilemma and the root of the issue with Atiku's disqualification. AC nominated him as a candidate and without recourse to the established process for proving his inadequacy, INEC disqualified him.

The Supreme court has clearly established their independence and, overall, that the rule of law is not subject to the whim and caprices of any individual, no matter how highly placed - the oft quoted 'No one is above the law'.

While we celebrate this victory of the separation of powers, I urge my brothers to vote against Atiku, PDP and all they represent.

While we celebrate this victory of the separation of powers, I urge my brothers to vote against Atiku, PDP and all they represent.

For Utomi then or Buhari!Which ones now?

lewa:

For Utomi then or Buhari!Which ones now?

Really your choice.

@Ugwumba

The position of the Supreme court is clear on this issue, "INEC has no power to disqualify anyone". That I think does not require any further interpretation.
Some say it is victory for rule of Law, I dont think so. I think it is victory for "Political Correctness".

However I do agree with you that they have demonstrated independence, I do also think the President deserve some respect for allowing the Judges do their job without interfering.

@ McKren, again I will disagree on a rather minor (in the context you have presented it), but important point.

McKren:

@Ugwumba
I do also think the President deserve some respect for allowing the Judges do their job without interfering.

It is only in Africa that a democratically elected president will be assumed to have done good for abiding by the doctrine of the 'separation of powers', entrenched in the same constitution he has sworn to uphold. The truth is that any interference should have been roundly condemned, while non-interference is not to be praised, but expected.

We must learn to hold our leaders to the highest standards of probity and accountability for their actions and inactions, as other developed democracies hold theirs.

@Ugwumba

You seem to be all for Obasanjo conducting himself with the highest standard of probity and accountability, but strangely enough (maybe I missed it) I
don't see you making such calls on Atiku and the likes. If we are talking about highest standards here, Atiku should not be presenting himself to contest,
rather he should be hiding in shame somewhere. Please name the country in the world where a VP that was elected in a joint ticket, quits his party and
yet wants to claim the right as VP to contest in another election. I am not even discussing PDTF here. Where else does that happen but in a mad country
like outs? What happened to resignation, isn't that what people do when they disagree and can no longer work together?

Iyke-D:

@Ugwumba

You seem to be all for Obasanjo conducting himself with the highest standard of probity and accountability, but strangely enough (maybe I missed it) I
don't see you making such calls on Atiku and the likes. If we are talking about highest standards here, Atiku should not be presenting himself to contest,
rather he should be hiding in shame somewhere. Please name the country in the world where a VP that was elected in a joint ticket, quits his party and
yet wants to claim the right as VP to contest in another election. I am not even discussing PDTF here. Where else does that happen but in a mad country
like outs? What happened to resignation, isn't that what people do when they disagree and can no longer work together?

When you find the post where I support Atiku, please kindly inform the forum. I was actually categorical that Atiku must be voted against.

Ugwumba:

While we celebrate this victory of the separation of powers, I urge my brothers to vote against Atiku, PDP and all they represent.

I still find it difficult to understand how people cannot make the distinction between the perception that one is corrupt and a conviction by a court. In the former, we may use our democratic right to vote to ensure the individual is not elected (since he cannot be disqualified based on this perception), while in the latter the courts will disqualify him/her.

To answer your other question - which country do you know where a sitting VP is sacked from the party he belongs, banned from contesting primaries, insulted by those appointed by him at a FEC meeting, asked to give up his immunity to be prosecuted, prevented from carrying out any duties etc. etc. etc. You may not agree, but resignation, sometimes, is cowardly. Better to stand your ground and fight for your life (Clinton did not resign over the Lewinsky scandal).

YOU OBJ APOLOGISTS MUST STOP THIS NONESENSE, because each of your arguments have been trashed 15 out of 16 times by an independent adjudicator (the courts, not me), and yet you still cannot see how very wrong you have been.

Yea it’s true Atiku is free to contest in the forth-coming presidential elections.
That’s a good one for him, if only he drops his political character and focus on the Nation as an whole.
Atiku form what everyone knows is corrupt and it will take only the grace of the almighty God if when voted into Aso-Rock remembers the cry of the masses.

@Ugwumba,

OBJ apologist? Thank you for bestowing that great honor on me. Please re-read my post
because I don't see where I categorically mentioned that you are an Atiku supporter. But I
will repeat myself, if you expect your calls on Obasanjo to conduct himself with the highest
standards to be taking seriously, I also expect you to make similar calls on the other main
actors or clowns - Atiku included.

To answer your other question - which country do you know where a sitting VP is sacked from
the party he belongs, banned from contesting primaries, insulted by those appointed by him at
a FEC meeting, asked to give up his immunity to be prosecuted, prevented from carrying out any
duties etc. etc. etc. You may not agree, but resignation, sometimes, is cowardly. Better to stand
your ground and fight for your life (Clinton did not resign over the Lewinsky scandal).

You may want to look at the mirror before you call someone else an apologist. I am sure you
have the entire sequence of events laid out exactly the way they occurred above. Fighting
for your life and what you truly believe in is doing the opposite of what you wrote above. A
real coward is someone who is fighting his political enemies and dishing it out knowing fully
well that he is shielded from arrests or prosecution by immunity.

MKO fought and died for what he believed was rightfully his - he had no immunity to hide behind.
Who wouldn't want to claim to be fighting against a government that they are supposedly a part
of, when for years they are receiving pay for work they are not doing or not allowed to do and at
the same enjoying all the perks and benefits of the office including immunity? What bravery?

Finally, why are you rubbishing Bill Clinton's name by mentioning him in the same sentence as Atiku?
What and where are the comparisons? One had an extra-marital affair and the other was fingered
for corruption which by the way was triggered by the FBI. One was the president and the head of
his party, the other thought he was or should be the president of his country and head of his party.
Also, I am glad you injected party politics into this, because in the end, if Clinton had lost the support
of his party, he would have been impeached out of office.

YOU OBJ APOLOGISTS MUST STOP THIS NONESENSE, because each of your arguments have been trashed
15 out of 16 times by an independent [/b]adjudicator (the courts, not me), and yet you still cannot see
how very wrong you have been.

Ha, there goes the word "[b]Independent" again - the courts are independent as long as their position is
unfavorable to the administration. I suppose something needs to be done about the Appeals court as they
are not truly "independent" enough! Also, while I respect or accept their ruling, I still disagree with the
supreme court on this one. And you know what, that is still perfectly fine. I am sure there are plenty of
lawyers or even judges in Nigeria that will also disagree.

Twist (Nigeria still has hope)

[size=16pt]Another legal battle to stop Atiku begins[/size]

From Funso Muraina in Abuja, 04.18.2007
Wednesday, April 18, 2007

Not satisfied by the Supreme Court's judgment which cleared way for Vice President Atiku Abubakar to contest next Saturday's election, a prominent politician in the North, Mallam Umar Faruk yesterday sued the Action Congress (AC) Presidential candidate to the Federal High Court, asking for an order of disqualification because of the indictment over the management of the Petroleum Trust Development Fund, PTDF.

Also joined in the suit are Atiku's political party, AC and the Independent National Electoral Commission (INEC)

In the Originating Summons initiating the action, the plaintiff asked for a declaration that Atiku should be "disqualified to contest the 2007 Presidential Elections, having been indicted by the Administrative Panel of Inquiry duly constituted by the Federal Government of Nigeria, vide the report of 24th day of August, 2006 and the subsequent acceptance of the Report of the Administrative Panel of Inquiry by the Federal Government of Nigeria as contained in the Gazette of the Federal Government of Nigeria dated 24th August, 2006."

He prayed for a declaration: "That the 1st Defendant, having been indicted by the Administrative Panel of Inquiry and the Federal Government of Nigeria having accepted the indictment, is not qualified to contest election to the office of President of the Federal Republic of Nigeria on the platform of the 2nd Defendant or any other Political party, having regard to section 137(1) (i) of the Constitution of the Federal Republic of Nigeria, 1999."

He, therefore, sought for an order: "Disqualifying the Atiku for not meeting the criteria for qualification to contest for the office of President as provided under the 1999 Constitution and the Electoral Act, 2006.

"An order directing the 3rd Defendant not to include the name of the 1st Defendant among the candidates qualified to contest election to the office of the President of the Federal Republic of Nigeria in the Presidential Election scheduled for 21st April, 2007.

"An order directing the 2nd Defendant to pay the statutory fine under S.32(6) of the Electoral Act, 2006 for fielding an unqualified candidate."

Supporting the suit was an affidavit sworn to by one Anthonia Nwokenkwo, which states that Atiku was indicted by the Administrative Panel of Inquiry duly set up by the Federal Government of Nigeria and chaired by Chief Bayo Ojo (SAN)

She said that the defendant having deposed to an affidavit in his INEC forms stating that he was indicted by an Administrative Panel of Inquiry, he ought not be allowed to contest the election.

According to the plaintiff, the indictment of the 1st Plaintiff has not been set aside" and so, Atiku should be disqualified.

"The said indictment remains in force as against the 1st respondent until set aside by a competent Court of record."

She addded in the affidavit that the "action came up as result of the judgment delivered by the Supreme Court of Nigeria on the 16th day of April, 20007 to the effect that it is only the a Court of law that has powers to disqualify a candidate presented for election."

And in order to effect accelerated hearing she also swore to an affidavit of urgency in which she wanted the court to speed up hearing of the matter due its closeness to the election period.

No date has been fixed for hearing of the matter believed to be sponsored by government.

Source: http://odili.net/news/source/2007/apr/18/211.html