December 10, 2023


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Tinubu’s Presidency Lacks Legitimacy Despite Supreme Court Judgement -NADECO USA

NADECO USA, a foremost Nigerian political organization, has released a statement expressing concern about the parallels between the recently concluded presidential election and the historic June 12, 1993, election.

The organization highlights the implications of these parallels on the rule of law and democracy, and calls for action to restore public confidence in the judiciary. This is a crucial issue for the future of Nigeria and its people.

The hypothetical scenario described by NADECO USA helps to illustrate the importance of public trust and acceptance when it comes to the legitimacy of a judgment.

In other words, even if a judgment is technically sound, it may not be seen as valid or binding if the public doesn’t agree with it.

In the statement released on Monday, made available to RPTVBLOG, signed by Mr Lloyd Ukwu the Executive Director of NADECO USA and Publicity Secretary, Comrade David Adenekan, the group is proposing that a new constitution, drafted through a participatory and inclusive process, could be a step towards restoring trust and legitimacy.

The group further stated that even though the Supreme Court may have the legal authority to make a judgment on the election, the real power lies with the people.

The judgment doesn’t change the fact that the people ultimately have the final say in who governs them.

Sovereignty ultimately belongs to the people. This is because the people are the ones who decide whether to accept or reject a government, and they are the ones who give that government its power. Even though a state or government may have formal sovereignty, the people are the true source of sovereignty.

This is why popular movements like protests and revolutions can challenge the authority of governments, and ultimately lead to regime change.

Below is the concluding part of the group’s statement:

Justice Musa Muhammad Dattijo’s recent proclamation on the state of the Nigerian judiciary serves as a compelling validation of NADECO USA’s long-standing concerns. His departure from the apex court marked an occasion for a sober reflection, with particularly damning critiques of the judiciary and Chief Justice of Nigeria, CJN Olukayode Ariwoola.

“The hallowed image of the Supreme Court of Nigeria as the bastion of justice for the common man has been significantly tarnished in the eyes of the nation’s populace, and NADECO USA is no exception to this disillusionment. In this vein, the organization unequivocally rejects the Supreme Court’s judgment rendered on October 26, 2023, regarding the February 25 presidential election.”

“NADECO draws a disconcerting parallel between the events of February 25, 2023, and the historic June 12, 1993, election. While the key distinction is the involvement of General Sani Abacha in the latter case and Mr. Bola Tinubu as a civilian candidate in the former, the fundamental principle of justice and the people’s trust in the judiciary remains steadfast.”

Consider for a moment that, hypothetically, Abacha had secured a Supreme Court judgment declaring him the civilian President of Nigeria during the June 12 era—NADECO and the Nigerian populace would have, without hesitation, rejected such a judgment, regardless of its source at the apex court. This is analogous to NADECO’s rejection of the current judgment on February 25, 2023.

NADECO firmly advocates for a comprehensive and extensive institutional reform that transcends anything less than a complete overhaul. Nigeria urgently requires a fresh, organic constitution that accurately reflects the nation’s political history, both pre and post-independence.”

“While the Nigeria Supreme Court has delivered its judgment, the time has come for the true “People’s Supreme Court” to hold sway. Sovereignty inherently belongs to the people, and the transfer of such sovereignty from the populace to a select group of Nigerian elites, or to the so-called “last man standing,” is beyond the scope of judicial authority. No Nigerian court can diminish the inalienable sovereignty of the people.”