There are indications that the hammer of the United States Government will soon land on Justice Tanko Mohammed led Supreme Court panel that presided over the controversial judgment which sacked Former Speaker of the House of Representatives, Emeka Ihedioha as Governor of Imo State.
In a judgment that shocked the entire nation, the Supreme Court on January 14, 2020, awarded victory in the March 9, 2019 governorship election in Imo State to the candidate of the APC, Hope Uzordinma.
It also ordered Ihedioha of the PDP to vacate the governor’s seat which he had occupied since May 29, 2019.
The apex court declared that the votes due to Senator Uzodinma were unlawfully excluded from the 318 polling units and be added to his votes.
However, the ruling of the apex court is drawing the attention of the international community and the impending sanctions that might be meted out to Justice Tanko and his panel from the United States Government.
According to Bruce Fein, an American lawyer who specializes in constitutional and international law, the Justice Tanko led panel and other Supreme Court Justices do not only risk being denied visas, but there are also chances that their assets (in the United States) may be frozen as well as being excluded from commerce.
“We have in United States recent law called “The Global Law to Human Rights and Accountability Act,” it does empower the President to request the Secretary of States and various committees in the Congress to list persons abroad to be denied visas, have their assets frozen, excluded from commerce in the United States if they are found complicit in Internationally recognized human rights violations.
“Judges and Justices are not shielded from that particular law. That’s certainly will be a risk in my assessment to the Nigerian Supreme Court if this decision is not reversed.” Fein warned at a dialogue held at the National Press Club in Washington DC.
The Protests Persist
A month after the controversial judgment was pronounced, supporters of the People’s Democratic Party (PDP) have continued to protest in Imo State and the Federal Capital Territory as they want the judgment reversed.
At a protest held at the U.S embassy in Abuja, the PDP National Chairman, Uche Secondus described the ruling as the pervasion of Justice.
“It is a serious case of judicial compromise and deliberate perversion of justice by the Supreme Court of Nigeria, which is now threatening our democracy as well as the peace, stability and corporate existence of our dear nation.”
“This perversion of justice has already sparked off protests in various parts of our country and has become a clear threat to peace, unity and stability of our nation and the survival of our democracy.”
The PDP called on the U.S. and the international community to take more than a passing glance to the issue in order to avoid an imminent breakdown of law and order in the country.
They also demanded the immediate resignation of Justice Tanko Mohammed as Chief Justice of the Federation (CJN) and chairman of the National Judicial Council, claiming that Nigerians had lost confidence in him and a Supreme Court under his leadership.
How Complicated Can U.S Sanctions Be?
Recently, the United States Government placed a visa restriction on Nigerian immigrants with National Security concerns given as the reason for the restrictions.
This came a week after the U.S Government gave its Visa officers more power to block pregnant women from Nigeria and other countries from visiting the country.
However, Fein hinted that the impact of the imminent sanctions from the United States will not affect the judges that presided over the Imo Guber election alone but the entire contingents of the Supreme Court.
“It could impact not only the seven Justices who sat on this particular case but the entire contingents of the Supreme Court, the whole institution has shown it is corrupted and compromised.” He said.
Will Nigeria Face Intl Criminal Court?
Another huddle before the country is the risk of incurring the wrath of the international criminal court.
According to Fein, the Supreme Court ruling on the Imo gubernatorial election violated article 51 of the International Covenant on civil and political rights.
“It is also possible that you could have international under the Rome Statue of the International Criminal Court, it is arguable that wholesale deprivation of the right to self-determination, of the right to self-government that has been witnessed by this decision is a crime against humanity, it violates Article 51 of the Universal Declaration of human rights, violates article 25 of the International Covenant on civil and political rights, certainly, that is something that should be in the minds of those Justices. It is not a threat, it is simply an incentive to do the right thing.
