“Only Supreme Court Can Decide Atiku’s Fate” — Lawyer Abba Hikima Slams Decaying Judiciary Over ADC Judgment

Kano-based lawyer and convener of the “ Tinubu Must Go” movement, Barrister Abba Hikima Fagi, has said only the Supreme Court of Nigeria can give the final word on the Federal High Court judgment that sacked the David Mark-led leadership of the African Democratic Congress, ADC, and nullified the candidacy of Atiku Abubakar.

Hikima spoke in an interview with DCL Hausa, where he reacted to Thursday’s judgment by Justice Peter Lifu of the Federal High Court, Abuja.

He said by legal principle, when a court gives a judgment, it must be looked at, but under the Nigerian Constitution there are levels of jurisprudence for such matters.

“This is a Federal High Court that gave the ruling. There is the right to appeal to the Court of Appeal, and thereafter to the Supreme Court of Nigeria,” he said.

He explained that the dispute is a pre-election matter, a sui generis, special case, where an initial judgment cannot be executed until the higher courts rule, culminating in the Supreme Court.

“As things stand, this judgment must be examined, and court rulings are not a joke. But there is the right of appeal, and I assure you that INEC will not take action on this immediately, because once an appeal is filed, they will stay action until the Supreme Court pronounces its verdict,” he said.

Hikima said the ADC candidacy battle continues until the Supreme Court speaks, and that is the final word.

He said he predicted the crisis months ago. He recalled that five or six days before the judgment, he wrote an article highlighting things happening in the country and issues threatening the judiciary, and four or five months ago he had predicted all these developments.

He cited the NDC case, where he said months after the case was concluded, the same judge who granted registration returned to cancel what he had done, even though the matter had gone to the Court of Appeal.

“If you look at it, no opposition party in Nigeria is free from legal crisis. Labour Party, PDP, NNPP, ADC, NDC — all are facing these issues,” he said.

Hikima alleged that there is a strong suspicion, known to every Nigerian, that the government and its supporters sponsor people to enter opposition parties to disrupt them and damage Nigeria’s democracy.

He said the fight before Nigerians is not just a party fight. He admitted his earlier mistake when choosing between Atiku Abubakar and Peter Obi, saying he chose Atiku because it would be easier to be without a party crisis, but the NDC crisis also emerged with its registration said to be non-existent.

He said Nigerians were given a choice between Atiku and Obi, the public chose Atiku, and they accepted to go into it and are still in it.

On what the judgment means for the Tinubu Must Go movement, Hikima said it does not affect the movement.

“This is a judgment of a first court. There are two more courts, and we expect they will do the right thing. And we will still continue. The fight before us now is not just a party fight. It is a fight to ensure that politically and democratically, success is achieved,” he said.

He said there is a heavy fight before all Nigerians against a judiciary that has decayed. He cited former Supreme Court justices, including Justice Muhammad Uwais and Justice Amina Augie, who he said have spoken openly about how courts sell judgments.

“This is not gossip. I as a lawyer know this. I know that in the Nigerian system, especially the judicial system, this is real, not rumour. Even Supreme Court justices have come out openly. They have confirmed to Nigerians that what is done in Nigerian courts is not justice,” he said.

He gave the example of Kano, where two conflicting judgments were issued, leaving people confused as to which one was valid.

On whether the judgment affects only Atiku and David Mark or all candidates, Hikima said if it stands, it will affect everyone, because the argument is that the Mark-led leadership and all it did are invalid.

But he maintained that the final word remains the Supreme Court. He said there is a burden on the Supreme Court justices to ensure that the mandate of 220 million Nigerians is greater than a decision taken by one, three or seven judges.

He argued that the plaintiff had no locus to file the case, that the case was filed late, and that there are established judgments that had already decided such matters.

On accusations that he is setting aside his legal knowledge to please Tinubu Must Go and Atiku supporters, Hikima said he did not say the judgment is right or wrong, but that a judgment in this kind of situation will not take immediate effect until the Supreme Court rules.

He said he is speaking not as a party member, but as a Nigerian and as a lawyer who knows what is happening in Nigerian courts.

He said there are known judges at the Federal High Court where, when a case involving the opposition goes before them, you know it will be difficult, because of their reputation in giving judgments that favour the government against opposition parties.

He recalled his own case in Abuja against Wike, where someone called him to tell him the case had already been decided against him because of the judge handling it. He said the case eventually went as predicted, even though it was a good case.

On whether Atiku can continue the campaign he started in Sokoto and Kebbi, Hikima said Atiku himself has said it. He said the judgment has been given, but an appeal will be filed and it will go to the next court.

He said the independence of the judiciary has now become something even an uneducated person knows is no longer what is written in law books. He said there is abuse of discretion, and judicial precedent has been violated.

“When a matter has been decided, and later when it concerns the federal government or something it has interest in, a different judgment is given that is completely different from what is known. This has caused Nigerians’ confidence in the judiciary to fall,” he said.

He said the judgment has not weakened the Tinubu Must Go movement, but has added more zeal and a need to rise and fix the country.

He said fixing the country is not just political fixing, but ensuring that the judiciary itself and its judges are fixed, and that INEC gets credible people.

“If we don’t get that, we have no country. And once that happens, whether people rise to vote or do anything, it will be useless,” he said.

He concluded: “ Tinubu Must Go, Tinubu Must Go, Tinubu Must Go, Insha Allah.”