The Suit No: PLD/1257/2023, filed by the allegedly suspended Plateau State Local Government Council (LGC) Chairmen and some Councilors, being led by Hon. Miskoom Alexander Naantuam (Chairman, Shendam LGC) has again been adjourned to the 25th of September, 2023, for hearing.
The adjournment came, owing to, an Application for Joinder filed by, Hon. Zulfa Bitrus Rimven, the former Chairman of, Langtang North LGC.
CHIEF FALANA (SAN), T. KEKEMEKE (Esq) AND OTHER SENIOR LAWYERS IN COURT
Reacting to the Joinder being sought, Chief Femi Falana (SAN), the Counsel to the 33 Claimants, leading, T. Kekemeke (Esq) and other Senior Lawyers, told the Court that, the Application was only served on them last week Thursday and therefore, they would want to react to it. He also told the Court that, they have 7 days to respond to the Application.
OTHER LAWYERS IN COURT
On his part, K. L. Malan (Esq), Counsel to the Defendants (the Attorney-General of Plateau State and the State Governor, Caleb Mutfwang), told the Court that, they were served on the 27th of July, 2023 and would not be opposing the Application.
Malan (Esq) however said, “Why are they coming in piecemeal?”
Reacting to Malan (Esq) on this line, Chief Falana, expressed surprise that, “The Defendants that are yet to respond to the Originating Summons are already not opposing an Application for Joinder”.
Falana (SAN), told the Court that, parties have already agreed before Hon. Justice Kunda, for the Originating Summons and the Preliminary Objection to the suit be heard on the 22nd of September, 2023 and after the Vacation.
After hearing all the Counsels in the matter, the Presiding Judge, Hon. Justice Bakfur, adjourned the matter to the 25th of September, 2023, after the Counsels in the matter had given their consents.
Justice Bakfur, who is the Vacation Judge in the Plateau State High Court has however, warned rumour mongers to stay off spreading wrong information about him.
He told the Counsels present that, he has heard that, rumour mongers are already spreading “beer parlor news” that, he went to Abuja to see the 1st Defendant, Governor Caleb Mutfwang.
Justice Bakfur reminded the rumour mongers that, though he is from the same stock with the Governor, the Judiciary and Lawyers are governed by several Codes and Ethical Standards.
He also told the parties in the suit that, he was going to return the file to the Chief Judge, as the date agreed upon by Counsels is after the Vacation.
SOME OF THE LGC CHAIRMEN IN COURT
You would recall that, the Suit No: PLD/1257/2023, filed by the allegedly suspended Plateau State Local Government Council (LGC) Chairmen, is seeking the Court to determine:-
Whether the provisions of Section 95(1) of the Plateau State Local Government Council Law, 2016, which purports to give the Governor of Plateau State, the 1st Defendant herein, undescribed and unascertainable powers to take extra-ordinary measures in the circumstances listed therein, clothes the Defendant with powers to disturb, alter, terminate and/or dissolve the fixed or guaranteed 3 year tenure of office of the Claimants which ensured to them by a democratic election, pursuant to which they took the oath of allegiance and oath of office on the 11th of October, 2021 is not inconsistent with Section 7(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), among 4 other questions.
Before the National/State Houses of Assembly Election Petitions Tribunal sitting in Jos, Plateau State adjourned for Judgment, the Petitioners in Petition No: EPT/PL/HR/08/2023, Rt. Hon. Ibrahim Baba Hassan and his political party, the All Progressives Congress (APC), have told the Tribunal that, the issue in contention in the Petition is not on the Peoples Democratic Party (PDP) Constitution or its internal affair as a political party, but rather, a breach of the Constitution of the Federal Republic of Nigeria (FRN).
This was stated in their response to the Preliminary Objections raised by the Respondents on the First Ground of the Petitioners Petition.
The Petitioners also added that, the argument canvassed by the 2nd Respondent, Hon. Musa Agah Avia is porous and does not hold water in view of the recent decision of the Supreme Court delivered on 17th March 2023.
“We submit that, the complaint against the 3rd Respondent is not the internal affair of a political party rather, on breach of constitutional provision. Thus, the complaint is rooted on s.65 (2)(b) of the Constitution of the Federal Republic of Nigeria (CFRN)1999, (as amended) and Section 134(1)(a) of the Electoral Act 2022”. The Petitioners stated.
In its summary of evidence tendered before the Tribunal, the Petitioners further stated that the 3rd Respondent (PDP) did not conduct Ward, Local Government and Zonal Congresses before the State Congress.
Rt. Hon. Baba Hassan and the APC also submitted that, “Even the said congress only 12 Local Government participated according to the document. And the document is incoherent with missing pages, thereby not admissible”
READ THE ARGUMENT AND SUBMISSIONS OF RT. HON. IBRAHIM BABA HASSAN/APC IN PART ON THE ISSUE BELOW:-
“2.01 On this issue, derived from Ground One of the petition. The 2nd and 3rd Respondent raised a Preliminary Objection that the issue of nomination/sponsorship of a Candidate to contest election by political party is squarely within the internal affairs of a political party and relied on the case of Dalhatu v. Turaki (2003) 15 NWLR (PT. 843) 310 at 335 PARAS E-F and the case of P.D.P v. Sylva (2012) 13 NWLR (pt. 1316) 85 at 125-126 PARAS B-D, Falake v. INEC (2016) 18 NWLR (pt. 1543)61 at 134-135 and Suleiman v. APC (2023) 5 NWLR (pt.18177)211 at 284 PARAS A-F. Ndukwe v. AYU (2023) 5 NWLR (pt.1877) 309 at 343 PARAS B-E The decisions in the just listed cases are apposite and misconceived by learned Counsel to the 2nd Respondent. The issue in contention here is not on party constitution or internal affair of a political party rather a breach of Constitution of the Federal Republic of Nigeria. Therefore the argument canvassed by the 2nd Respondent and relying on such authorities listed above is porous and does not hold water in view of the recent decision of the Supreme Court delivered on 17th March 2023 in a matter between ENGR. NELSON OSELOKA ONUBOGU v. IFEYINWA ANAZONWU & 2 OTHERS (2023) LPELR-60288 (SC) Where Hon. Justice Adamu Jauro JSC in a lead Judgment states that:
“Although membership of a political party is within the domestic affairs of the party and is ordinarily not justiciable, where however the complaint borders on non-qualification on account of breach of the Constitution of the Federal Republic of Nigeria, Electoral Act, Party Guidelines it can be accomodated………..It is settled that in the process of selection/nomination of their candidates, political parties must comply with the Constitution of the Federal Republic of Nigeria, the Electoral Act and other statutes, as well as their own Constitution and Guidelines”.
“2.02See also ALGBAOSO v. INEC & OTHERS (2023) LPELR-5970 2(SC); AKPATASON v. ADJOTO & ORHERS (2019) LPELR-48119(SC)
“We submit that the complaint against the 3rd Respondent is not internal affair of a political party rather on breach of constitutional provision. Thus, the complaint is rooted on s.65 (2)(b) of the Constitution of the Federal Republic of Nigeria (CFRN)1999, (as amended) and section 134(1)(a) of the Electoral Act 2022.
Section 65(2)(b) of CFRN 1999 (as amended) states:
“A person shall be qualified for election under subsection (1) of this section if:
He has been educated up to at least School Certificate level or its equivalent; and
He is a member of a political party and sponsored by that political party.’’(Emphasis mine)
“2.03 The 2nd Respondent also proceeded to assert that this petition is a Pre-Election matter and he relied on the case of CPC v. UMAR (2012) 12 NWLR (pt. 1315)605 at 624 PARAS C-E. The recent decision of Supreme Court on this issue is in SAROR V PDP (2022) 11 NWLR (PT.1842) 591 Where the Supreme Court held that that the said GROUND of petition as stated in the petitioners petition is not a pre-election matter as to deny the Tribunal of its jurisdiction thereon, and/or the petitioners of their locus standi thereon.
“2.04Thirdly the 2nd Respondent alleged that this first ground of the petitioners petition is Statute Barred. The Respondents predicated their position on section 285 (9) of the Constitution, 1999 (as amended). This position of the Respondents is misconceived, in the sense that, any issue that has to do with the breach of the Constitution of Nigeria cannot be statute- barred and same can be brought by anybody. This is the position of the Supreme Court in CENTER FOR OIL POLLUTION WATCH V NNPC (2018) LPELR- 50830 (sc); (2019) 5 NWLR (Pt.1666) 518.The case of Garba v. APC (20200 2 NWLR (pt. 1708) 345 at 360 PARAS D-H; Umerieh v. APGA (2020) 4 NWLR (pt. 1713) 1 at 10, 11 PARAS G-B and Saraki v. APC (2020) 1 NWLR (pt. 1706)515 at 53 , PARAS E-H relied by the 2nd Respondent are apposite and totally different with the issue at hand which is wholly on breach of Constitution of the Federal Republic of Nigeria not on pre-election matter which is time bound by the Constitution. The law does not prescribe 14 days for the challenge to the action of anybody who breaches the CFRN. Therefore, the action of the Petitioners in this petition is not statute-barred.
“2.05. The contention of the Respondents that the Petitioners lack locus Standi to challenge the sponsorship of the 2nd Respondent which is based on the breach of sections 65 (2)(b) of CFRN is misconceived. It is the law as handed down by the Supreme Court in the case of FAWEHINMI V.AKILU&ANOR (INRE: ODUNEYE,DPP)(1987) 12sc 136;(1987) 18 NSCC (pt. 2) 1269; (1987) 4 NWLR (Pt. 67) 797, that every Nigerian has a duty to ensure that, the law breakers are sanctioned for their illegalities and therefore has locus standi to prevent the violation of public law, the CFRN in this petition. The petitioners have locus standi to bring this action.
“2.06The summary of the Petitioners response to the Objections raised by the Respondents on the 1st Ground of the petitioners petition is that this Hon. tribunal has jurisdiction to entertained this petition because the 2nd, 4th and 6th Respondents were not qualified at the time of the general election held on 25th February, 2023 for Bassa/Jos-North Federal Constituency as stipulated under section 134(1)(a) of the Electoral Act, 2022 which states:
“134 (1) An election may be questioned on any of the following grounds, that is to say-
That person whose election is questioned was, at the time of the election not qualified to contest the election.’
“2.07. Finally My Lords on the objection against the 1st Ground of the Petition, in SAROR V PDP (2022) 11 NWLR (PT.1842) 591 @, this Honourable Tribunal has been held to have jurisdiction to determining matters relating to the GROUND of non-qualification of candidates as at the date of election and to make appropriate orders thereon, which is in consistent with the provision of Section 134(1) of Electoral Act, 2022”.
SUMMARY OF FACTS FROM EVIDENCE
4.01. In summary, the Petitioners pursuant to paragraph 46 (4) of the First Schedule of the Electoral Act, 2022 has tendered long list of documentary evidence and were admitted in evidence before this Hon. Tribunal.
“And such documents were alleged to have been dumped by the 2nd Respondent Counsel and relied in the decision of INEC v. Abubakar (2009) 8 NWLR (pt. 1143) 259 @ 294 PARAS E-G and Makinde v. Adekola (2022) NWLR (pt.1834) 13 at 45-46 PARAS G-C.
“These decisions operated under old regime of the Electoral Act. To cure this issue of an allegation of dumpiness of documents new Electoral Act came with novel provision of paragraph 46(4) of the First Schedule of the Electoral Act, 2022 where it provides “Documentary evidence shall be put in and may be read or taken as read by consent, such documentary evidence shall be deemed demonstrated in open court and the parties in the petition shall be entitled to address and urge argument on the content of the documents and the Tribunal or Court shall scrutinize or investigate the content of the documents as part of the process of ascribing probative value to the documents or otherwise” The only instance where the Petitioner may required to lead an oral evidence on a document is when the allegation requires mathematical calculation not like in the instant case where the whole case of the petitioners against the Respondent is squarely on “Qualification”.
“So, the recent case of Adeleke Ademola Jackson Nurudeen v. Adeboyege Isiaka Oyetola (Unreported) Appeal No. CA/AK/EPT/GOV/01/2023 brought by the 2nd Respondent is actually speaking against his notion on operating under old regime of electoral Act on all manner of documentary evidence.
“In that case, Muhammad L. Shuaibu, JCA at pages 41-42 as quoted by the 2nd Respondent (credit given to him). “In Andrew v. INEC (2018) 9 NWLR (pt. 1625) 205 @ 558, the Supreme Court inter alia held that document tendered must be subjected to the test of veracity and credibility. Where it involves mathematical calculations how the figures were arrived at must be demonstrated in open Court”. Therefore all Exhibits tendered by the Petitioners across the Bar deserved to be given probative value in line with the extant new electoral law regime.
“By Exhibit P2 (the decision in suit number PLD/J/304/2020 Between Bitrus Kaze & 11 Others v. People Democratic Party & 24) the Petitioners have proved by evidence before this Hon. Tribunal that the 3rd Respondent had been decreed by the Order of Plateau State High Court to Conduct Fresh Congresses across the Plateau State, from Ward to State and Zonal level.
“4.02 Such Order of the Court in Exhibit P2 was not comply by the 3rd Respondent and attempted to participate in an election. The election body denied them the opportunity. Then the 3rd Respondent instituted an action against the Electoral body on the matter. The Plateau State High Court in Exhibit P3 (a decision with suit number PLD/J/304/2020 Between Peoples Democratic Party v. Plateau State Independence Electoral Commission) affirmed that the 3rd Respondent cannot nominate/sponsored a candidate without conducting fresh congress. This matter lingered up to the Supreme Court in Sc no. SC/CV/1341/2022, marked herein as Exhibit P6where the Supreme Court sometime in the month March, 2023 dismissed the 3rd Respondent appeal. And at the time when the Supreme Court dismissed the 3rd Respondent appeal on the right to Sponsor/nominate Candidates in Plateau State the nomination of Candidates for 2023 General Elections had already took place since sometime in the year 2022. Though by Exhibit 2R1 and 2R2 the 2nd Respondent made a U-turn and start claiming that a 3rd Respondent had conducted another congress on 25th September 2021. One would wonder if they have actually complied with the Court Order of conducting fresh congress since on 25th September 2021 why would they pursued their case on sponsorship/nomination at Supreme Court up to March 2023 when the matter finally dismissed by the apex court? From Exhibit 2R1 and 2R2 its glaring that the purported congress conducted by the 3rd Respondent is STATE CONGRESS not WARD CONGRESS or LOCAL GOVERNMENT CONGRESS as decreed by the Plateau State High Court in Exhibit P2. Members of National Assembly emerged from Ward Congresses not State Congress. Even the 2nd Respondent himself admitted at paragraph 4.18 of its Final Written Address that on 25th September, 2021, the 3rd Respondent conducted only State Congress. And even the said congress only 12 Local Government participated according to the document. And the document is incoherent with missing pages, thereby not admissible”.
Rt. Hon. Ibrahim Baba Hassan and his political party, the All Progressives Congress (APC), have told the National/State Houses of Assembly Election Petitions Tribunal sitting in Jos, Plateau State, before adjourning for Judgment, Petition No: EPT/PL/HR/08/2023 that, the issue in contention in the Petition is the allegation of disqualification based on Constitutional Breach and,
“Since the petition is on allegation of disqualification based on Constitutional breach and merging the two separate petitions in to one is in tandem with paragraph 49 of the First Schedule of the Electoral, Act, 2022”.
This was stated in Rt. Hon. Baba Hassan’s response to the Preliminary Objections raised by the 4th and 5th Respondents on the First Ground of the Petitioners Petition.
In apart, the Petitioner’s stated that:-
“3.01. The argument of the 4th and 5th Respondent that this Tribunal lacks jurisdiction to entertain this petition because there is no proper party before it is not tenable here because this petition is a two separate petition merged in to one in order to give the parties fair hearing.
“Since the petition is on allegation of disqualification based on Constitutional breach and merging the two separate petitions in to one is in tandem with paragraph 49 of the First Schedule of the Electoral, Act, 2022.
‘Therefore the argument of the 4th and 5th Respondent on this issue is apposite, misleading and misconceived.
“The case of APC v. ADP & Ors (2021) LPELR-54280 relied by the 4th and 5th Respondent is under the last regime of the electoral law in Nigeria. The new regime of electoral law at paragraph 49 of the First Schedule of the Electoral Act, 2022 accommodate such.
“And the 2nd and 4th Respondents were joined in one petition not on the conduct of the election alone, rather on qualification to contest the election, done in the interest of fair hearing to enable them defend themselves.
“We urge this Hon. Tribunal to resolve this issue against the 4th and 5th Respondents.
Rt. Hon. Baba Hassan also told the Tribunal that as Petitioners, they hv established evidence that the 4th Respondent, Hon. Adam has presented forged primary school certificate to INEC, which was disclosed by their witnesses.
In part the Petitioners stated that:-
“4.03 The petitioners have also established by evidence that the 4th Respondent has presented a forged primary school certificate to 1st Respondent this was disclosed by PW2 (the Education Secretary of the Jos-North Local Government Education Authority) on behalf of the issuing authority of public School primary School Certificate in Jos-North, Plateau State. The school record tendered by the 4th Respondent Counsel by way of cross examination of the PW2herein Marked as Exhibit P14 also confirmed that the Headmasters Report contained in the face of the alleged forged Certificate is totally at variance with Exhibit P14. Also confirmed that the alleged primary School Certificate is forged, is the evidence of 4RW5, who testified under cross examination that he field that Certificate with internal school record not common entrance record. And such evidence it is evidence against self. The Petitioner also proved by Police Report through PW1 that an investigation is been carried out by the Police on the matter. Also the Petitioners established by evidence that the 4th Respondent has no minimum academic Certificate to contest the House of Representative seat of Bassa/Jos-North Federal Constituency, because none of his Certificate is bearing his name MUHAMMAD ADAM ALKALI as reflected in his INEC Form EC9, Marked as Exhibit P8
“4.04 Equally, the petitioners proved by evidence and conceded by the 6th and 7th Respondent by not filling any pleadings before this Hon. Tribunal that in the 2023 General Election the 7th Respondent has not sponsored any candidate for the seat of Bassa/Jos-North Federal Constituency. This evidence is proved by INEC Form EC9D Marked herein as Exhibit P9 and also established that the 6th Respondent is not a registered member of 7th Respondent by Exhibit P10”.
The Petitions No: EPT/PL/HR/08/2023 and EPT/PL/SEN/01/2023, filed by Rt. Hon. Ibrahim Baba Hassan, former Deputy Speaker of Plateau State House of Assembly and that filed by Amb. Chris Giwa and their party, the All Progressives Congress (APC), have been reserved for Judgment by the National/State Houses of Assembly Election Petition Tribunal sitting in Jos, Plateau State to a date to be communicated to parties in the Petition.
The Petitions were adjourned for Judgments yesterday, after Counsels in the Petitions adopted their Final Written Address.
You would recall that, while the Petition filed by, Rt. Hon. Ibrahim Baba Hassan is challenging the election won by Hon. Musa Agah of the Peoples Democratic Party (PDP) for the House of Representatives for Jos-North/Bassa Federal Constituency of Plateau State, Amb. Chris Giwa is challenging Sen. Simon Mwadkon, over the Senatorial election for Plateau North Senatorial District.
You would also recall that, REALITY had reported that, with the closing of Defense by the 4th and 5th Respondents in both Petitions, the National/State Houses of Assembly Tribunal had order all parties in the two Petitions, to file their Final Written Address on or before the 26th of July, 2023 and adopt same on the 27th of July, 2023.
The details of their respective Counsel Final Written Address and the issues adumbrated upon, coming soon…
PLATEAU STATE MINISTERIAL SLOT: ON CHIEF DR. AMOS GIZO WE STAND. BEING, A PRESS STATEMENT BY PLATEAU CENTRAL APC ELDERS
DATE: 27TH JULY, 2023.
As credible Members and Elders of the defunct ACN CPC and ANPP, we pray for the best for our PRESIDENT as he assumes the mantle of leadership of this Great Nation.
We are however, forced to make this Press Statement as Elders in the All Progressives Congress (APC) chapter of Plateau State, to further draw the attention of our dear President, Sen. Asiwaju Bola Ahmed Tinubu, to consider Chief, Dr. Amos Gizo, as the suitable person to occupy the Plateau State Ministerial Slot.
Our hearts were gladdened to know that, the decision to pick a qualified peoples’ choice for the position is still pending, after perusing the present list of Ministerial Nominees made public officially.
We are of the believe that, Mr. President is still out in the field putting all efforts to pick the right person that will represent, not only the interest of the country and Plateau state in his cabinet, but a person that will unite the party’s chapter in the state and project the existence of the APC continually and throughout the tenure of Mr. President and beyond.
We have continually observed that, many names have been mentioned or forwarded for this position, but we wish to express our objection to several of these names, owind to the very experiences we have had as Elders in the state chapter, apart from that of Dr. Gizo.
We also know for a fact that many members, who have lost faith in the party for their personal pursuit few months ago and that had made public moves to leave the party for their governorship ambitions under other political platforms in the state, but for reason(s) of circumstance, they are now being engaged professional to sever the party in different capacities, are been forwarded to Your Excellency to be appointed as Minister to occupy the Plateau State slot.
We strongly object to their nominations for the Plateau State Ministerial position, as the party’s existence does not rest on their shoulders and therefore cannot represent the people from the backdoor.
We make bold to let you know Mr. President that, among the name’s for Minister forwarded none of them won their Polling Unit or Ward for you, Mr. President, exception of Chief Amos Gizo, who won his Polling Unit up to the local government council. Surprisingly, that is something that, the DG Campaign of our party couldn’t achieve. The DG only won his Polling Unit for himself, but lost the presidential election in his Polling Unit to Ward level up and to the local government. Same goes for all others, who are parading themselves for the Ministerial appointment. Sadly, they are also not team players.
DR. GIZO
We, being proud members of the founding fathers of APC, which has a wide geopolitical acceptability that had worked tirelessly for the emergence, of Mr. President, have continued to uphold the presentation and nomination of, Dr. Amos Gizo, as Elders of the party’s chapter in the state for the Plateau State slot for the Ministerial appointment for the following outlined reasons below, Mr. President.
Our request is hinged on the fact that, Chief Gizo is well-experienced in governance and suitably accepted by the defunct ACN, CPC and ANPP in the State as our leader.
He is a selfless and charismatic personality, who since his political surgeon has constantly identified with the President, from ACD, AD, ACN and to APC.
He has served the party in various capacities and he is also perceived to be a political-inequalities, an antidote for fairness, equity and justice in the new administration.
This is because he worked tirelessly, during the Presidential primary for the emergence of Mr. President, as the Presidential candidate of the party, when the Governor of the state failed to uphold his loyalty.
Secondly, it was Dr. Gizo’s ability to coordinate members of the party in the Zone, particularly, from Plateau State that gave His Excellency, the winning votes during the primary election, thereby, disobeying all directives to members to divert their votes.
Thirdly, as an Elder among leaders of the Christians faith, Chief Gizo, refused to pull out from his colleagues, but rather, built more tents for you, Your Excellency.
CHIEF DR. GIZO
More fundamentally is the fact that, Dr. Amos Gizo is from the disadvantaged Plateau Central Zone that had a brief Minister during the era of Late President Ya’radua, while the North and Southern Zones have produced Ministers Five times each, from 1999 to date.
Dr. Gizo is also from a disadvantaged Local Government of Kanam in Plateau State that has never produced a Governor or Senator since 1999, as against the other four (4) Local Governments in the Zone.
For a brief history, Kanke LGA has produced, Senators twice, Bokkos LGA has produced Senators three times and including a Governor for two terms, while Mangu LGA has produced Senator twice.
For the record also, the present Governor of the state is from Mangu LGA and lastly, Pankshin LGA is the present occupier of the Senate seat at the National Assembly.
These explain why, Dr. Amos Gizo is most qualified for the Ministerial slot coming from Kanam Local Government Area in the Central Zone of the state.
Politically, a good statistical take on the outcome of the Presidential election’s result and that of the governorship of the APC from Plateau State, will be a good indicator of the efforts of this group and Chief Gizo, to deliver the APC and you, Mr. President.
Your Excellency, Sir, just to mention a few of the role Chief Amos Gizo played during the elections too.
Firstly, he was the coordinator of both the Christian and Moslem faith for reconciliation.
Secondly, he was involved in reconciling Bauchi State difference.
Thirdly, he was the appealed Chairman of Yobe State despite the fact that, the defunct CPC, ACN and ANPP were not given anything for the election.
Fourthly, with the intervention of Gizo and Faleke, we were mobilized to our various local government units and Wards through the efforts of Chief Amos Gizo.
It is in this regard that we are calling with a very big voice that, Chief Amos Gizo should be given the position of the Minister representing Plateau to enable the party unite again.
The appointment of Dr. Gizo, we hopefully believe is key in balancing the political power and more
Your Excellency Sir, you are a seasoned politician and we know you are more informed of what we are saying because, you already know the character of those you are dealing with.
We only want an inclusive leadership on the Plateau and you can only do that, by bringing someone that knows exactly the merger principles.
The Petitioners in Petition No: EPT/PL/HR/08/2023, Rt. Hon. Ibrahim Baba Hassan and the All Progressives Congress (APC), have told the National/State Houses of Assembly Election Petitions Tribunal sitting in Jos, Plateau state, in their Counsel’s Final Written Address that, the reply of Hon. Muhammed Adam Alkali and his party, the Peoples Redemption Party (PRP) (the 4th and 5th Respondents) to the Petitioners’ Petition before the Tribunal is null, void and of no effect as it was signed by M. S. Salihu (Esq).
The Petitioners in their Final Address, have argued and urged the Tribunal to hold that, the pleadings of the 4th and 5th Respondents was signed and filed by M. S. Salihu (Esq) as a Lawyer in the salary payroll of the 1st Respondent and that makes it null, void and of no effect.
The Petitioners in their Counsel’s Final Written Address stated in part that, “Also note, the 4th and 5th Respondents reply to the Petitioners petition filed before this Hon. Tribunal is null, void and of no effect, the pleadings of 4th and 5th Respondents filed in this matter, having been franked and filed by M.S SALIHU a lawyer in salaried employment as at then and conceded by the said counsel himself in open court and on record.
“See the decision in OLUWATUYI & ANOR v. OWOJUYIGBE & ANOR (2014) LPELR-23529 (CA) 33-34, G-A. And the persuasive decision of the National Industrial Court of Nigeria, Enugu Division, in a matter with suit no. NICN/56/2019 BetweenONYEDIKACHI and NIGERIAN SECURITY AND CIVIL DEFENCE CORPS (2019) (Unreported) Where the court held “that the defence Counsel is therefore barred from franking court processes for filling in this matter and from appearing in court.., therefore come to an end. Nor, can you put something on nothing and, expect it to stand; it would collapse– MACFOY v. UAC (1961) 3 WLR 405 at 409.
Equally, the Petitioners told the Tribunal to alao hold that, DANIEL ASAMA AGO and the LABOUR PARTY (LP), the 6th and 7th Respondents have not filed any pleadings as a reply to their Petition and therefore cannot tender any evidence in the matter.
Baba Hassan and the APC stated in part that, “the 6th and 7th Respondents have not filed any pleadings as a Reply to the Petitioners petition. Therefore they cannot tender any evidence on this matter before this Hon. Tribunal in the spirit of you cannot place something on nothing and expect it to stand. Ex nihilo nihil fit-
“See MACFOY V. UAC. (1961) 3 WLR 405 at 409. Thus, Exhibit 6R1, 6R2 and 6R3 shall be expunge from evidence”.
The National/State Houses of Assembly Election Petitions Tribunal has been told by Prof. Maiyaki Theodore Bala (SAN) that, the gravamen of Petition No: EPT/PL/SHA/16/2023 is predicated on the flagrant and willful disobedience of the Order(s) of the High Court of Plateau State by the Peoples Democratic Party (PDP).
Prof. Maiyaki (SAN), who is a Star witness in Petition No: EPT/PL/SHA/16/2023, which he filed challenging INEC over the election it conducted for Qua’anpan South State Constituency of Plateau State on the 18th March, 2023 and the declared victory of Hon. Deoyok Cornelius, also told the Tribunal that, PDP could not have sponsored any candidate to contest in that election owing to its lack of structure in the state.
Under Examination-in-Chief, Prof. Maiyaki said, I am, Maiyaki Theodore Bala, I am a Legal Practitioner and I live at Kwande in Qua’apan Local Government of Plateau State on 7th April, 2023, I made a statement on Oath in respect of Petition No: EPT/PL/SHA/16/2023 and also an additional statement on Oath. I can identify both. I want to adopt them as my evidence in this Petition.
“In several paragraphs of my witness statements, I made reference to several documents P1-P12, the PDP Constitution, P17 and P19. These are the exhibits with me”.
While under Cross-Examination by the Counsel to INEC and the 2nd and 3rd Respondents in the Petition, Prof. Maiyaki (SAN) said, “The Plateau state PDP chapter is under the operation of the National body of the PDP. If the National body of the PDP conducts Primaries into offices in Plateau State as it stands, it will be illegal.
“After the 25th September, 2021, PDP Congress, it was the primary business of the members of the PDP to complain, if any.
“I cannot confirm, if the PDP Congress took place on the 25th September, 2021. I can also not confirm that, all the cases that I have referred to are Pre-election matters. The Case of Augustine Timkuk was decided, after Bitrus Kaze’s case, yes.
“I am not a party to any of these suits (P1-P12). I did not challenge the emergence of the 2nd Respondent because it was a Pre-election matter, even when the 1st Respondent (INEC) had published his name because it was an internal issue within the PDP.
“I am not a member of the PDP, but I am aware that, this Congress was not held. The date on the purported Congress is 25th September, 2021.
“I am not aware that, the Judgment of Exhibit 2R2 of the Plateau State High Court (PSHC) was complied with. I am not aware that it was confirmed in the Judgments so, I cannot confirm it.
“S.S. Obende (Esq), signed my Petition as a Lawyer. I am also not aware that, S.S. Obende (Esq) was a Counsel in the Judgments, 2R2 and 2R3 and I am not aware that my Petition was filed after the Judgments of 2R2 and 2R3”.
PROF. MAIYAKI (SAN)
In an exclusive interview with Journalists at the Court premises after the session with the Tribunal, Prof. Maiyaki (SAN) expressed delight, over his appearance at the Tribunal to ventilate himself, adding that, the end will justify the means with the hope that, his party, the All Progressives Congress (APC), will come out victorious in all the Petitions filed in the various Tribunals in the state.
He said, “First, I am delighted that, I had the opportunity to converse or rights as citizens via the instrument of the Judicial arm. It was an opportunity to ventilate grievance and we await the outcome.
PROF. MAIYAKI
“As a petitioner, I am quite delighted that I had the chance to come in and defend my petition by myself. It means every other witness in this petition is a supporting witness.
‘So, to ask how fulfilled I am, I am fulfilled because it has given me the opportunity to come and share my understanding of the process of elections and the application of Law to the process of our elections. I thank God for the opportunity and I am very hopeful that, the end will justify the means. The outcome will declare us victorious and we will have the opportunity to remain in a society where the rule of Law is upheld.
PROF. MAIYAKI
“Like I said, we are in a democracy and in every democracy, the rule of law is upheld and I am also aware that, no house is built on a faulty foundation and it would stand.
“The gravamen of our petition is predicated on the flagrant and willful disobedience of the order of the High Court of Plateau State by the PDP and the issues of non-compliance of the provisions of the Electoral Act 2020 as amended.
“It is therefore necessary to state that, as a Democrat, I stand against disobedience to court orders and I will continue to profess compliance to the rule of Law and expect that, democratic structures like our political parties will also key into this. …sic..
“So, you will find that, not only that we won the election by the Lawful votes cast, but also that, PDP as a political party in Law, cannot fill in candidates in the 18th March 2023, especially for Qua’anpan South House of Assembly election conducted by INEC in that regard.
“This is simply because you can build something on nothing and expect it to stand!
“Concerning the political terrain as we see it today, the truth of the matter is that, our Democracy is evolving and we have been consistent since 1999. Democracy is an organic element of human endeavor and the more it evolves the more we learn the lessons of its evolution.
“You will find that elections today, are principally not the way they were in 1999 and if you look with introspection, you will find that today, our electoral system is inundated with Judicial petitions making it look like, it is the courts that determine the outcome of our leadership.
“But, time will come in the future when our electoral system will sort itself out”.
The National/State Houses of Assembly Tribunal has further adjourned Petition No: EPT/PL/HR/08/2023, filed by, Rt. Hon. Ibrahim Baba Hassan (The former Deputy Speaker of the Plateau State House Assembly), who is challenging the conduct of the House of Representatives election for Jos/Bassa Federal Constituency of Plateau State by INEC, on the 25th of February 2023, to the 27th of July, 2023 for the Adoption of Counsel Final Written Address.
You would recall that, also as Respondents to the Petition are, Hon. Musa Agah (the declared winner of the election) the PDP, the PRP and its candidate, Mohammad Adamu Alkali.
The adjournment came owing to the explanation of the Counsel to the 1st Respondent (INEC) P. A. Okereke (Esq) that they were only served the Petitioners’ Final Written Address only yesterday and would need time to respond to the process.
EPT/PL/SHA/10/2023:
The Petition No: EPT/PL/SHA/10/2023, filed by Abdul Adamu Yanga, challenging the victory of Sani Abubakar idris has been adjourned to the 21st day of August, 2023, for the Adoption of Counsel’s Final Written Address, as the 2nd and 3rd Respondents closed their cases today.
The Petition filed by Thoedore Bala Maiyaki has also been adjourned to the 26th of July for further hearing today, after the Petitioners called one Dele N. Langkwap to testify in favour of the Petitioners. The witness however, during cross-examinations was confronted with several Court Judgments, from the Federal High Court (FHC) to the Court of Appeal (CoA).
In a different development, during an on-the-spot interview with Journalists at the Court premises, Hon. Doeyok Cornelius Representing the good people of Qaanpan State Constituency of Plateau State has expressed confidence with the judiciary and the Panel hearing the Petition filed against him.
He said the Judiciary is the last hope of the common man and that, he believes he will come out victorious in the hearing of the ongoing Petition.
“While the Petition hearing is going on, I call on all members and citizens in my Constituency to remain calm because I am sure of my victory to retain their mandate”. Hon. Cornelius added.
The crisis currently rocking the All Progressive Congress (APC) may soon be delving towards a solution, as President Bola Ahmed Asiwaju Tinubu has being called upon to allow Sen. Tanko Almakura, the former governor of Nasarawa state to lead the party as its National Chairman.
Hon. Johnson Podar, the former Secretary of the defunct CPC chapter in Plateau State, who later became the gubernatorial candidate of the CPC in the state, in an exclusive interview with some Journalists in the state yesterday, posited that, Sen. Almakura was allegedly edged out of the National Chairmanship race of the APC in the recent past because he was perceived to be one of Sen. Tinubu’s loyalist.
SEN ALMAKURA
“My worry here is that, most of the politicians, who later joined the merger, refused to understand the objective of the defunct CPC and the movement of Sen. Tanko Almakura hence, most of them fell by the way side when they were carried away of his Loyalty to the then National Leader of the APC, Sen. Bola Tinubu.
“Secondly, some of the present members are not looking at developments and assessing those benefiting and those sacrificing for the APC. This is because, if you look deep, you will discover that, because the CPC produced Muhammadu Buhari as the President, it has never allowed its member to contest for the National Chairman’s seat no matter where it was zoned to.
“It is therefore surprising that, now and for the first time too that we are presenting Sen. Tanko Almakura for the seat of National Chairman, a lot of people are trying to create controversy out of it.
“But we must get it right by bringing on board a reliable National Chairman, who will work with President Tinubu, and to my mind, this credible personality is Sen. Almakura”. Hon. Podar stated.
You would recall that, REALITY had reported that, the defunct CPC members in Plateau State had before the emergence of Sen. Abdullahi Adamu, as the National Chairman during the immediate past tenure of President Muhammadu Buhari, had unanimously thrown their support to the bid of Sen Almakura as National Chairman of the APC and which the former State Secretary of the defunct CPC chapter in Plateau State, Hon. Podar Johnson, had given his nod to.
However, in this interview, Hon. Podar reiterated that, as a body of the defunct political parties that formed the merger called APC from Plateau State, they are making a clarion call to President Tinubu, to consider Sen Tanko Almakura for the position of the National Chairman.
Adding that, “To create an acceptable balance the National Chairman of the APC should remain in the North Central with Almakura. This also is based on established backgrounds that, after the exit of Oyegun as the National Chairman, His Excellency, the former Governor of Edo State, Adams Oshomole replaced him from the South-South Zone and from the same state”. Hon. Johnson Podar, who took time to congratulate the President on his victory at the polls for the umpteenth time posited.
READ HON. JOHNSON PODAR’S REACTIONS IN PART BELOW:-
HON. JOHNSON PODAR
“We are calling Mr. President Tinubu, to consider Sen Tanko Almakura, to be the National Chairman of the party, as defunct CPC and ACN members in Plateau state. We have searched and we know what took place during the 2023 campaigns concerning the National Chairmanship of the party. It was glaring even then that, Sen. Almakura was a candidate to beat.
“This is because he has gained more grounds in term of acceptance across the 36 states in the country and the FCT. It was sure then that, victory was going his direction.
“We discovered that, his only SIN was identifying with and being loyal to the then party National Leader, Sen. Bola Ahamed Asiwaju Tinubu.
“You know that, Sen. Tinubu was the National Leader of the party before he became the President of the Federal Republic of Nigeria,
“But it is an established fact that, the then power that be wanted to edge Tinubu out, just as many others.
“Some direct examples include the facts that, Oshomole lost his seat as National Chairman of the party because, he is also considered as Tinubu’s man. George Akume, could not even contest despite being a Minister under the Buhari administration. Akume was also edged out.
“In all, Sen, Almakura is a better candidate then and now. His vision during that unholy time, was still better for the APC as he had the belief that, the CPC will remain in the power block even after the exit of President Buhari within the APC.
“You would recall that, Buhari, Sen. Almakura and all of us are from the defunct CPC, which had an agreement to merge with the ACN and the ANPP.
“The leadership of the party was believed to remain within the CPC as Buhari was to bow out of the presidency.
“It is a fact that, the Vice President, Prof. Yemi Osibajo (SAN) was from the ACN platform and the Nation Chairman was also came from the ACN during the Buhari era under review.
“So, if we are to follow the merger principles, it is expected that, Sen. Almakura would have been the right candidate from the onset.
“Taking it further, with the current administration, President Tinubu is from the ACN and when put the merger principle in place, the CPC which Sen. Almakura is an upshot of, should be the National Chairman, since the Vice President is from the platform of the ANPP.
“We are therefore worried that, this issue is not been addressed from and through the agreement derived from the merger principles.
“That was why we were proud of Almakura, when he stepped aside to allow the will of God take place when the plot to scheme him out became public during the Buhari era. His respect to also bow to the views and opinion of the then President can also be qualified as “loyalty to a fault”.
“But for us we know that, the main reason Almakura was edged out was because they perceived him to be Tinubu’s man!
“We know that, President Tinubu is a seasoned and carrier politician, being the national leader of the party and a man, who believes in reward for hard work, the hope to have Sen Tanko Almakura as the National Chairman would come to pass.
“We also know that, the President is very much aware of the political strategies used in edging out Almakura from the national chairmanship race and that God has opened another opportunity, he would not let his guards down.
“We know that, before and during the heated campaign for the national chairmanship, Almakura had gone round the states and had campaigned to the members of the APC and has expressed his intentions and vision to the people and Nigerians at large. It is our humble assessment that, since Almakura had already established a structure within the party and without and has also already gained acceptance among party faithful, his emergence would bring home the expected unity that the members desire.
“All he needs to do, if allowed is just to come and reconcile the members and the party with Nigerians. It is obvious that, Almakura has the technical administrative knowhow and being a seasoned politician he can pull the needed support(s) for Mr. President to succeed.
“You would recall that, Almakura cut his political teeth while he was a youth leader in NPN, he then became a governor on the platform of the CPC.
“As a governor, he was at that time, the second top political leader of the CPC after Buhari and was directly involved in the merger principle that gave birth to the APC.
“This is why we believe that, Almakura has the firsthand knowledge and the idea of forming the APC as a political party in Nigeria.
“It is therefore believed that, if he is allowed to be the National Chairman, he would put in all his possible best to help the party achieve all its set out goals and objectives.
“It was very sad back in the days when the party’s structure was hijacked and high level of dictatorship became the order of the day, while suppression of members to reintroduce the basic principles of democracy, progress and unity were resisted.
“As a party that development was regrettable as members never voted for kings, but leaders built on democratic tenets,
“We know our President, Bola Tinubu is a democrat and will only allow things to be done democratically and credibly under his watch.
“The fact is that, despite his affluence and influence in the democratic space of the party and in Nigeria, Tinubu had allowed himself to pass through the electioneering huddles. He won at the primary election and in the secondary election.
“Secondly, the manner of his appointments across the country is already showing that, he is a true Nigerian and lover of the unity of the country.
“It is these his efforts that has been made public that is now making us to put out a clarion call to Mr. President that, he also needs a dedicated and loyal National Chairman, who would help and support him to succeed.
HON. PODAR
“We know these qualities can be found in Sen. Tanko Almakura, the former governor of Nasarawa state.
“For other contenders for this noble seat, they need to reassess themselves. For instance, the former Governor Kano state, Alhaji Ganduje, this personality cannot be compared to Almakura even on a simply factor as acceptability among party members.
“He cannot boast of having total control of Kano state when put side by side the influence and control Almakura has in Nasarawa state and the Middle-Belt states.
“It is also a fact that, the APC promotes the principle of zoning and the North East/West cannot be said to be having advantage to have the National Chairman seat of the party as things stand today.
“As a fact, the North-West already has the Speaker of the Green Chambers and the Deputy Senate President of the National Assembly and the North East is sailing happily with Vice President and the Deputy National Chairman, while the North Central Zone is nil on these major elective officers.
“To create the expected balance, the National Chairman of the APC should remain in the North Central with Almakura, this also is based on established background that after the exit of Oyegun as the National Chairman, His Excellency, the former Governor of Edo State, Adams Oshomole replaced him from the South-South Zone and from the same state”.
Journalist Reuben Egba, now leads the new Executives of REALITY Chapel of the Nigeria Union of Journalists (NUJ), Plateau State Council.
Journalist Reuben, who contested for the office of Chairman, emerged unopposed and was voted for by all members of the Chapel.
Others, who emerged in the same way include: Mrs. G. Joy as Secretary, Miss. Eunice Maina as Treasurer, Miss. Ronke Raji as Financial Secretary, Mrs. Hauwa L. Kabir as Deputy Chairman, among others.
FROM: L-R; RONKE, EUNICE AND REUBEN
The election to bring in the new EXCO of the Chapel, took place at the Headquarters of REALITY Newspapers in Jos, the capital of Plateau State, after the Chapel’s Congress, which took place for over two hours.
FROM L-R: STEVE ALUKO AND CHIEF WILSON BAKO (JP)
In attendance was a representative of the NUJ, Journalist Ezekiel, the outgoing Chairman of the Chapel, Journalist Alfred Saiki, Journalist (Chief) Wilson Bako (JP), Journalist Steve Aluko Daniel and Journalist Prince Valentine Adese (JP), among other members, who had to travel from Bauchi and Nasarawa States for the Congress.
The Petition filed by Fom Dalyop Chollom, challenging the election conducted by INEC for Riyom/Barkin-ladi Federal Constituency of Plateau State on the 25th of February, 2023, has entered Counsel Final Written Address Stage.
You would recall that, the Petition is also challenging the winner of the election, Hon. Peter Gyanden, the Peoples Democratic Party (PDP) as declared by INEC.
Before this stage, the 3rd Respondent in the Petition, the Peoples Democratic Party (PDP), called Three (3) witnesses. One was called earlier, while the rest two (2) were called yesterday by Subpoena to close its case.
The 2 witnesses subpoenaed were the Registrars of the Federal High Court (FHC) and the Court of Appeal (CoA) Jos Divisions respectively, to produce documents.
The Certified-True-Copies (CTCs) of the documents produced and tendered from the CoA and FHC include:
Appellant brief of Augustine Timkuk.
2nd Respondent’s brief of argument.
Notice of Appeal dated 3rd November, 2022.
Judgment of the FHC in suit No: FHC/J.CS/64/2022
The originating Summons filed in the suit dated 1st June, 2022.
2nd Defendant’s Counter Affidavit to the Originating Summons filed on 3rd June, 2022.
Further Affidavit in support of the Originating Summons.
Although the Petitioners’ Counsel, E. G. Pwajok (SAN) had indicated Objection, the Tribunal has admitted the documents in evidence.
You would recall that, REALITY had reported that, in the course of its defense, the 3rd Respondent, PDP, had called its first witness, Mr. Pankshak Elijah Dakyen (Esq), a Legal Practitioner and a politician, who told the National/State Houses of Assembly Election Petition Tribunal sitting in Jos, the capital of Plateau state that, the Report of the 25th September, 2021, Repeated State Congress, does not have the scores of other contestants except for the summary of results.
Under Cross-examination by the Petitioners Counsel, Edward Pwajok (SAN), Mr. Panshak informed the Tribunal that, he won and his score is indicated in the report, but he cannot see that of his fellow contestant(s). Adding that, he is not the maker of the document.
Panshak (Esq), who was made to identify, the PDP’s Constitution and Guidelines for the party’s primary elections, also told the Tribunal that, the letter signed by one Yakubu Chocho, the party’s Organizing Secretary, was done in May, 2022.
When shown his statement that he made, specifically paragraph 7g, Panshak told the Tribunal that, there was full compliance to the Judgment of Court.
Adding that, “Supervening Judgments have made rubbish of all the itemized issues in the Petition”.
When further shown the front page of the Court of Appeal’s decision, dated 28th October, 2022, Panshak told the Tribunal that, as at October, 2022, the 3rd Respondent (PDP) had already complied with the order of Court.
However, when referred to the Judgment of the Court of Appeal (COA), dated 6th May, 2022 at page 47 and asked to read it, the CoA stated in the Judgment that, “A disbanded leadership of the party cannot run the business of the party in view of the Judgment of the State High Court.
Panshak (Esq) also added that, “The Court of Appeal ratified our position and the case referred to is the Local Government (LG) elections on the Plateau. PDP appealed against the Judgment of the CoA to the Supreme Court.
“The Appeal was dismissed in Chambers, as it was listed as a Pre-election case, while the case is about the “Exclusion of PDP from participating in the Local Government elections here on the Plateau.
“The Supreme Court did not set aside the Judgment of the CoA, but they said that the Local Government matter, as a matter of policy, ends at the state”.
The Governorship and the National/State Houses of Assembly Election Petitions Tribunal Panels sitting in Jos, the Plateau State capital, have gained an impressive progress considering the huge number of Petitions before them.
The Panels have also given priority to the Governorship and National Assembly election Petitions, considering the time the elections took place.
There are three (3) Election Petitions Tribunal Panels currently sitting in Jos and within the Main Complex of the Plateau State High Court. This REALITY gathered is for administrative reasons and the ease of Counsel’s movement from one Panel to another.
As it stands today, several Petitions that arose out of the National Assembly elections that were conducted by INEC on the 25th of February, 2023, have entered their Final Written Address stages.
Topping the list are Petitions No: EPT/PL/HR/08/2023 and EPT/PL/SEN/01/2023, filed by Rt. Hon. Ibrahim Baba Hassan, former Deputy Speaker of Plateau State House of Assembly and that filed by, Amb. Chris Giwa and their political party (the All Progressives Congress (APC), which have entered their Final Written Address stages, respectively.
While the Petition filed by, Rt. Hon. Ibrahim Baba Hassan is challenging the election won by Hon. Musa Agah of the Peoples Democratic Party (PDP) and the qualification of the Peoples Redemption Party’s candidate, Hon. Adamu Alkali for the House of Representatives for Jos-North/Bassa Federal Constituency of Plateau State, Amb. Chris Giwa is challenging Sen. Simon Mwadkon for the senatorial election for Plateau North Senatorial District.
On the other hand in respected of the Governorship Petition No: EPT/PL/GOV/03/2023, filed by Dr. Nentawe Yilwatda, challenging the declared victory of Barr Caleb Mutfwang and the PDP at the polls, there are high indications that, with the Petitioners closing their case in the Petition last week, 1st Respondent, INEC, may open its case on Monday.
The APC gubernatorial candidate in the 18th March, 2023 governorship election, Dr. Nentawe has called over 48 witnesses, subpoenaed members of the PDP to testify on his behave, subpoenaed the Police and INEC National Chairman to produce documents before closing their case.
Also, there are high expectations that, the Respondents may also open their cases in Petition No: EPT/PL/SEN/02/2023 filed by the former Governor of Plateau State, Rt. Hon. Simon Bako Lalong, as he makes moves to round up his case early next week.
In the proceedings of the case so far, Lalong has tendered huge CTCs of INEC documents from the Bar and through witnesses, who were subpoenaed to produce and testify in the Petition, which also includes a Star witness.
From the intention made known to the Tribunal’s Panel hearing the Petition, Lalong may call other 10 witnesses from Polling Units (PUs) to testify on the Forms EC8As already tendered.
In all the Tribunal Panels, the APC and its candidates are trying to establish their claim that, the PDP does not exist in Plateau State because it allegedly does not have a political structure through which candidates can emerge to contest in a general election.
They have tendered Court Judgments from the State, Federal High Courts, the Court of Appeal and the Supreme Court of Nigeria to support their claims. The witnesses called also cut across the 17 Local Government Areas (LGAs) of the state.
The latest is the production and tendering of Court Interim Injunction stopping the PDP’s Repeated State Congress, which was covered in a report published by INEC.
The APC however, took a long journey in their case as they try to reduce the Margin of Lead by tendering PU results they are contesting and calling PU, Ward and LGA Agents, to testify on its behave.
In all, INEC, PDP and its candidates, have also tendered huge CTCs of INEC documents from the Bar and have also called witnesses to support their opposition to the Petitions across the three panels.
The National/State Houses of Assembly Election Petition Tribunal sitting in Jos, the Plateau State capital has today Saturday, the 15th of July, 2023, been informed that, the scores attributed to the Peoples Democratic Party (PDP) and Sen. Napoleon Bali in the just concluded general election for Plateau South Senatorial District on the 25th February, 2023, are Unlawful.
The Petitioners’ witnesses, Lamis Mohammad, who came all the way from Kwalla in Qua’anpan Local Government Area (LGA) of Plateau State and Wumanna Bako a Star Witness, who came to give evidence in Petition No; EPT/PL/SEN/02/2023, filed by Rt. Hon. Simon Bako Lalong, who is challenging the victory of Sen. Napoleon Bali and the conduct of the senatorial election for Plateau Southern Senatorial District of Plateau State by INEC, also told the Tribunal that, the alleged Repeated State Congress of the Peoples Democratic Party (PDP) could not have held, owing to a Court Injunction served on the Electoral Committee as made public.
They also told the Tribunal that, PDP has no structure in the state, as most of the Local Government Areas have no leadership or EXCOs as they speak on the ground that, no Ward or LG congresses were held.
For Lamis, who showed the Tribunal his membership card of the PDP, further told the Tribunal under cross-examination that, he is a full financial member and a strong stakeholder of the PDP, as well as, a former Deputy Chairman of the Party in his Ward.
Both witnesses told the Tribunal that, they are surprised that, the PDP, which has no structure, leadership or EXCO at all levels in the state, though a registered political party is alleged to have sponsored candidates, as well as, Sen. Napoleon in the 2023 general elections.
Lamis in party, under cross examination from the Counsels of the 1st, 2nd and 3rd Respondents to the Petition said, “The election result announced by INEC does not follow the Law. I was very surprised the name of Napoleon and the PDP were in the general elections. Napoleon stood for the election no platform, as the PDP has no structure in the state. I am telling the Tribunal that Napoleon stood for election in a party that has no leadership. I am therefore surprised that, INEC published his name before the general elections.
“INEC actually published the name of Napoleon, but not according to Law or the legally accepted processes.
“What I am also saying is that the PDP exist at the national level but not in Plateau State because of lack of leadership.
“I am not of the knowledge that it is the national officers that have the responsibility to forward Napoleon’s name to INEC. However, for somebody to be a candidate, he must have been elected or nominated from the Wards, LG, Zonal and state levels.
“I was not at the alleged Repeated State Congress, because the party did not announce any date for it and as a strong stakeholder of the party, I would have known from all my sources. I attend zonal, national and other conventions and why would I not know of that congress at home?
“I will spend any amount to get to such venue. I love the PDP.
“The last payment of my dues was in 2021 from what my card shows. This membership card was sold to us at the Ward level and I bought over 50 and distributed same. Secondly, I even paid my dues immediate there in 2018”.
In his evidence during Examination-in-Chief, led by the Petitioners’ Counsel, S. S. Obende (Esq), Lamis told the Tribunal that he already has a nomination form to contest for the position of Treasurer in his Local Government (LG) and that he is still waiting for when the Congress would be conducted.
“I also have the receipt with me here. The originals of these documents have been returned to the party after collecting signatures of members from 11 Wards”. He added.
As the hearing of the Petition filed by Rt. Hon. Simon Bako Lalong, who is challenging the victory of Sen. Napoleon Bali and the Peoples Democratic Party (PDP) continues at the National/State Houses of Assembly Election Tribunal sitting in Jos Plateau State, a witness has maintained that, the name of Sen. Bali may have been forwarded to INEC “illegally”.
The Petitioners witness, Nimmyel Nankpak, under Cross examination by Counsel to the 1st Respondent (INEC) in part told the Tribunal that, “I am aware that, PDP is a registered political party. It is also true that, the PDP submitted/forwarded the name of Napoleon Bali to INEC as its senatorial candidate, but illegally. Before the general elections, INEC published names, but I was surprised, knowing that, PDP which has no structure is forwarding names. However, I am not aware of anybody, who filed a case in Court challenging this.
Also under Cross-examination from the Counsel to the 2nd Respondent (Sen. Bali), Nimmyel disclosed that, he could not renew his membership card of the PDP because, “There is no structure for me to get the renewal for 2023 because there is no EXCO. I am a financial member of the PDP as I speak”.
Nimmyel, in answering Cross-examination questions from the Counsel to the 3rd Respondent, told the Tribunal that, “I took Oath to testify in this petition even though I have not read it. My complaint is about the No Structure of the party. The Judgments stopped Bali because the party in Plateau State has no structure. It is also true that Bali was not a party in the suit between Kaze and the PDP.
“I contested to be the Chairman of Langtang North and this was before the Judgments. I have never identified with any other political party apart from PDP”.
Earlier, during Examination-in-Chief, led by the Counsel to the Petitioners, S.S. Obende (Esq), Nimmyel had told the Tribunal in part that, he lives in Langtang North and that he made his witness statement on Oath on the 7th of May, 2023 and he made reference to the fact that he is a card carrying member of the PDP.
“I was an Aspirant for the Chairmanship seat of Langtang North local Government Area of Plateau State. I have my I.D. Card with me here and a photocopy of my nomination form for the Chairmanship. But the Original is not here”. He stated.
The matter has been adjourned by the Tribunal to Saturday, the 15th of July, 2023, for further hearing.
The National/State Houses of Assembly Election Petition Tribunal sitting in Jos, the Plateau State capital has been informed that, the alleged Repeated State Congress of the Peoples Democratic Party (PDP) could not have held, owing to a Court Injunction served on the Electoral Committee organizing it.
Rt. Hon. Emmanuel Go’ar, a former Speaker of the Plateau State House of Assembly and a former member of the Green Chambers, revealed this when he was subpoenaed to come and give evidence in Petition No: EPT/PL/SEN/02/2023, filed by Rt. Hon. Simon Bako Lalong, who is challenging the victory of Sen. Napoleon Bali and the conduct of the senatorial election for Plateau Southern Senatorial District of Plateau State by INEC.
Although there was a strong objection from the Respondents on the witness’ competence to testify, owing to his witness statement on Oath, Rt. Hon. Go’ar, under Examination-in-Chief, led by Edward Pwajok (SAN), told the Tribunal that, he was at the Tribunal owing to the Subpoena, dated 10th July, 2023 that was served on him.
In part he said, “My name is Emmanuel Go’ar, I live in Rayfield in Jos South LGA of Plateau State. I am a retired Civil Servant. I am in the Tribunal because, I am subpoenaed to appear. I have the Subpoena here with me. I made a statement on Oath on the 12th of July, 2023 and I can identify it via my signature.
“When I got the Subpoena, I took it to my Lawyer, who advised me to put my testimony into writing. He drafted it and read it to me and we came together to sign the statement in this Tribunal.
“I was asked to produce some documents and I have them here. These are letters from the National Headquarters of the PDP, appointing me as member and Publicity Secretary of the Caretaker Committee of its chapter in Plateau State, dated 10th June, 2021 and 19th August, 2021 respectively, PDP’s Constitution 2017 (as amended) and the Guidelines for Wards, Zonal and State Congresses of the PDP.
Under Cross-examination by the Respondents in the Petition, Go’ar further told the Tribunal that, he knows that, APC and the PDP are registered political parties and that, it is the National Chairman or Secretary of the PDP are the only eligible ones to submit the names of candidates of the party to INEC.
Adding that, “But, this is subject to the grounds that, the candidate(s) fulfills the requirements of the PDP. Secondly, I am never aware that Napoleon Bali is the candidates of the PDP.
“In my statement, I clearly stated when I seized to be a member of the PDP and this was in July, 2022. Since then, I don’t know anything going on in the chapter.
“I am aware that, the Federal High Court (FHC), Jos Division in suit No: FHC/J/CS/64/2022 had confirmed that, the PDP in Plateau State held its state congress in 2021 in the case of Augustine Timkuk. However, this is not the judgment of the suit. The Court dismissed the suit because of the Preliminary Objection (PO) raised by the PDP.
“I agree with you that, the issues of Primary and sponsorship are events that take place well ahead of the general elections, after which qualified candidates names are submitted to INEC and INEC in turn publishes the names. In the instant case, the name of Napoleon is 28th of the list published. It was published on Monday, 19th September, 2022, months ahead of the general elections.
“I don’t know, if Lalong or the APC challenged the list and the emergence of Napoleon. I have repeatedly stated that, you must be a participant in the primary for you to challenge it and I cannot be very where”.
When shown the judgments of the Court of Appeal (COA) on Timkuk against PDP, Go’ar told the Tribunal that, “The Court of Appeal affirmed the Judgment of the Lower trial Court and the Judgment was not based on the merit of the suit, but on the Preliminary Objection (PO) raised by the PDP.
“I was still in PDP during the congress at Langfield and I was in attendance. What I have here is INEC’s report of that congress. I had to leave the venue when a Court Injunction was served. It was not served on me personally, but on the Electoral Committee.
“I have read these Judgments and they are not only related to Plateau State Local Government elections alone. If it is, why did it have to affect Musa Agah?
“I will be surprised to know that, the issue of primary election is an internal affair of the parties, but if your lords say so, who am I to say no!
“I know the 1st Petitioner, he was the Governor of Plateau State. I know him from afar. I also never came across the Petition hence I will not know the subject of the Petition because I am not privy to it.
“All the documents I brought here today, I don’t know if they correlate with the Petition or not. I made reference to INEC’s report on the alleged congress, but I did not fault it”.
