Buhari has subverted Supreme Court, Atiku may not get justice – Agbakoba

A former President of the Nigerian Bar Association , Dr Olisa Agbakoba ( SAN ) , has said he is in support of the presidential candidate of the Peoples Democratic Party , Alhaji Atiku Abubakar ’ s decision to challenge the result of the February 23 presidential poll in court .He, however , expressed doubts that Atiku would get justice because “ President Muhammadu Buhari has subverted the Supreme Court by the removal of the Chief Justice of Nigeria, Honourable Justice Walter Onnoghen , and the appointment of the acting Chief Justice of Nigeria ( Justice Muhammad Tanko ) . ”

Agbakoba , who had earlier urged Atiku not to go to court to challenge the poll result , said his earlier advice was based on his view that the PDP presidential candidate would face “ an uphill task , given the circumstances of challenging election results ” in the country.

He said from his experience as one of Nigeria’ s experienced election petitions lawyers , the burden of proof to succeed in an election petition “ is unfairly huge . ”

“ We first have to prove that there are electoral irregularities and in my view , once you prove this , you should succeed . Unfortunately , even if you prove electoral irregularities you will have to show how that affected the results of the election .

“ Remember that the gap between former Vice – President , Atiku Abubakar , and President Muhammadu Buhari is about four million votes . It is clear to me that the presidential election results were manifestly riddled with electoral irregularities.

“ Now that former Vice – President Atiku Abubakar has approached the court , it is important to emphasise that he is constitutionally entitled to do so . My personal advice has become irrelevant . I fully support and wish former Vice -President Atiku Abubakar every success, ” Agbakoba said .

He, however , bemoaned the delay by the National Judicial Council in dealing with the case of the suspended Justice Onnoghen and the acting CJN , Justice Tanko .

He said , “ My perception is that we need to resolve the status of the Supreme Court. I wonder what is taking the National Judicial Council so long . I am also worried about the historical precedent , as no petition on presidential election result has ever succeeded. ”