Chairman 2019 Presidential Election Appeal Panel, Justice Zainab Adamu Bulkachawa arriving to open the hearing for the petition against the re-election of President Muhammadu Buhari at the Court of Appeal, Abuja. Photo by Abayomi Adeshida
She took the decision shortly after four other members of the panel, in a lead ruling that was delivered by Justice Peter Ige, held that the PDP and Atiku, failed to establish that she had in any way, exhibited any form of bias in the proceeding. He held that neither Justice Bulkachuwa’s husband nor his son were parties to the petition, adding that the essence of constituting a five-man panel to hear the case was to guarantee fairness and justice, notwithstanding the fact that the law permitted at least three Justices to entertain the case.
She said: “For personal reason I will be recusing myself now. I insisted that the matter be tried fully so that next time, another female judge will not face what I faced. Buhari, said he only got to know that Abubakar was his supporter, after he read a copy of the motion the Peoples Democratic Party, PDP, and its presidential candidate, Alhaji Atiku Abubakar, filed to disqualify Justice Bulkachuwa from presiding over the five-man tribunal.
In the written address, President Buhari, who was represented at the tribunal, yesterday, by a team of lawyers led by seven Senior Advocates of Nigeria, SANs, said he had since his emergence to power, refrained from dabbling into the membership of any judicial panel. He said: “Having said that, and bearing in mind the sole issue distilled for determination by the respondent supra, it is the Respondent’s humble submission that whether or not the honourable President of the Court of Appeal should recuse herself from further sitting or participating in the proceedings in this petition and be replaced by another justice of this honourable court to sit in his place to hear and determine petition, as prayed by the petitioners, is within the prerogative and...
“For the respondent, it has no reason whatsoever to complain about any of the justices sitting on the panel or any Justices of Court of Appeal for that matter. “May we submit that from the totality of the Petitioners’ processes, we notice that the Petitioners do not deny the truism as provided by the constitution, regarding the prerogative of the President of the Court of Appeal, to constitute this panel.
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