FROM THE POINT OF VIEW OF JURIDICAL LOGIC: THE APC INELIGIBILITY ARGUMENT OF ATIKU ABUBAKAR AND THE BURDEN OF VALIDITY. Written by KEMKA S. IBEJI

KEMKA S .IBEJI
FROM THE POINT OF VIEW OF JURIDICAL LOGIC: THE APC INELIGIBILITY ARGUMENT OF ATIKU ABUBAKAR AND THE BURDEN OF VALIDITY

As much I see the APC argument of Atiku Abubakar's eligibility as an educating outing, I seem not to see it being useful to the matter at hand.

While it looks valid on the face value that Atiku Abubakar is not a citizen by birth and therefore not eligible to contest for the hallowed position of the President of the Federal Republic of Nigeria since to be such one must be citizen by birth, many issues are awakening.

Some of the questions crying for legal answer from our dear legal personages are;

1. To what country did the Northern Cameroon belong from 1960 till the 1961 referendum?

2. In what country was the Southern Cameroon before the 1961 referendum?

3. At what point did the Southern Cameroon become Cameroonians? Before or after the referendum?

4. Since the Northern Cameroonians chose not to change citizenship from where they have always been from Nigerian 1960 independence, are they not what they were before the referendum?

5. What is referendum?

6. What was the 1961 Nigerian referendum all about?

7. Many questions can be extrapolated from those yonder.

However, though I see the grounds of their attempt to strip Alhaji Atiku Abubakar of his right of citizenship by birth as watery and no watertight, there are other points that makes their position frivolous.

First, since Alhaji Atiku Abubakar has occupied the position of the presidency before, they would have started by getting a judgement nullifying his status as Former Vice President. If they did that, this current argument would have been valid before contemplation. But it is hard to start a journey from its destination.

Secondly, this charge of the APC on the non-eligibility of Alhaji Atiku Abubakar is even belated as every case of eligibility is a pre-election matter. Obviously the Electoral Law stipulated a timeframe for such litigation. On this basis, the citizenship squabble should be thrown out.

Thirdly, APC in the matter in question are respondents or defendants. Also the charge against the APC in the case is that they over reached themselves with the number of votes cast and that minds and hearts should be redirected to the reality which the PDP purportedly presented. I am sure that the APC should, in this situation, not be answering questions that they were not asked. I think the court knows what to do as such and no need to remind the honourable members of the Tribunal that the citizenship supposition is unfounded and irrelevant at the moment.

Whereas the Northern and Southern Cameroonians were Nigerians before the 1961 referendum and the Southern Cameroonians only changes and became Cameroonian citizens after the referendum, it only impliative that the Northern Cameroonians who refused to change remained what they were. And to this extent, they were and are bona-fide Nigeria citizens both before and after the referendum. It is hereby clear and succinct that Alhaji Atiku Abubakar was, is and will continue to be a Nigerian citizen by birth unless otherwise rejected by him and him alone.

I have not heard or read yet that Former Vice President Alhaji Atiku Abubakar has applied for dropping of his status of citizenship by birth. But even if he has applied as such, I am yet to read Mr. President's approval to that effect.

To this end therefore, the argument of the APC and her legal team is purely academic, pedestrian, illogical and crassly invalid.


I am,
KEMKA S. IBEJI
I am a thinker...

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