Atiku vs Buhari: Justice Bulkachuwa disqualifies self, cites personal reason

President of the Court of Appeal, Justice Zainab Bulkachuwa, yesterday, disqualified herself from presiding over petitions challenging the outcome of the February 23, 2019 presidential election.

Justice Bulkachuwa’s headship of the Presidential Election Petition Tribunal had been a bone of contention for the PDP presidential candidate, Atiku Abubakar and his party.

Her withdrawal followed a motion the PDP and Alhaji Atiku Abubakar filed to challenge her decision to preside over the five-member panel tribunal, hearing petitions seeking to invalidate the re-election of President Muhammadu Buhari.

PDP and Atiku had insisted that Justice Bulkachuwa’s involvement in the Presidential Election Petition Tribunal was prejudicial to its case against Buhari, since her husband and son, are card-carrying members of the ruling All Progressive Congress (APC), which it cited as the 3rd Respondent in the petition.

Meanwhile, at the resumed proceeding on the matter yesterday, Justice Bulkachuwa, after over six hours stand-down, finally announced her decision to step-aside from the case.

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.

Justice Ige noted that the crux of the petitioners’ allegation was not that Justice Bulkachuwa had not been objective in the case, but only that there was tendency that she would be biased against them, because her husband and son happened to be members of the APC.

He held that the petitioners failed to prove that the panel was constituted in a way that its independence could not be guaranteed. Justice Ige said the petitioners drew wrong inference from a speech Justice Bulkachuwa delivered at the inaugural sitting of the tribunal on May 8.

“I am of the firm view that enough materials have not been placed before this court to show that the presiding Justice is likely to be biased in the hearing of the petition”, Ige held, saying four exhibits the PDP adduced before the tribunal was “not weighty enough to input any likelihood of bias”.

He declared that neither Justice Bulkachuwa’s husband nor his son was a party 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.

“I am of the view that the petitioners have not been able to particularly establish the need for the presiding Justice to recuse herself from further participation. Consequently, the petitioners’ application fails and is hereby dismissed. There will be no order as to cost”, Justice Ige held.

Other members of the panel that concurred with the ruling were Justices Abdul Aboki, Samuel Oseji and Joseph Ikyeghn.

But shortly after the lead ruling, Justice Bulkachuwa, said she was minded to hands-off the case on personal grounds.

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.

“I am withdrawing. A new chairman will be appointed in due course. Meanwhile, the four-member panel will be continuing with hearing of any pending application.” (RS/VANGUARD)