Lawyers have being admonished to always tell their client(s) the truth of whatever happens in Court or Tribunals whenever they represent them and to make sure they always take extra efforts to give them the information in a language they understand.
This advice was given by the Judges in the National/State Houses of Assembly Election Tribunal sitting in Jos, the Plateau State capital, chaired by Hon. Justice B. M. Tukur.
The Judges frowned and condemned in strong terms, the kind of information they hear through the rumour mills of alleged happenings and interpretation of Judgments so far delivered by the Panel.
This advice came, after the Tribunal sacked the Speaker of the Plateau State House of Assembly, Rt. Hon. Moses Sule, Member, representing Mikang State Constituency today, owing to Petition No: EPT/PL/SHA/11/2023, filed by Hon. Naanlong Gapyil and the All Progressives Congress (APC) challenging his victory at the polls and for been sponsored by the Peoples Democratic Party (PDP) that has no structure in the eyes of the Law.
The Chairman, Hon. Justice Tukur, in open Court said he is surprised that, the Judgment(s) he delivered in Kaduna has suddenly found its way to the Social Media, even when the issues in the Petition he is handling in Plateau State are entirely different in facts from the matter he handled in Kaduna.
According to him, “some of the Lawyers that were in Kaduna and in some of those matters are also here too!”
“I see some of them”. He added.
Members of the panel, who contributed individually also urged Lawyers to do their Jobs with the highest level of integrity and honesty in order to move the Legal Profession forward.
They said, “People did this job before we came, now we are doing the job and others will take over from us. So we must apply caution and do it with all respect, integrity and honesty and not just for money. We have been hearing a lot”.
The National/State Houses of Assembly Election Petitions Tribunal sitting in Jos, Plateau State, has sacked the Speaker of the Plateau State House of Assembly, Rt. Hon. Moses Sule, representing Mikang State Constituency for not been qualified to contest the House of Assembly election conducted by INEC on the 18th of March, 2023.
The Tribunal also sacked the Member representing Jos North-West State Constituency, Hon. Danjuma Azi for the same reason.
Delivering Judgment in Petition No: EPT/PL/SHA/03/2023 and EPT/PL/SHA/11/2023, filed by Hon. Sunday Mark Na’ah, Hon. Daniel Naanlong Gapyil and their party the All Progressives Congress (APC) against Hon. Danjuma Azi and Rt. Hon. Moses Sule, Hon. Justice Omaka Elekwa and Hon. Justice B. M. Tukur respectively held that, the Peoples Democratic Party (PDP) under which they contested the election on the 18th of March, 2023, has “No Structure”.
The Tribunal after dismissing all the Preliminary Objections (POs) filed in both Petitions, stated that, the Petitioners in both Petitions failed to prove the allegations of noncompliance to the provisions of the Electoral Act in their Grounds Two, and that they also failed to prove that, they scored the highest votes cast in both elections.
The Tribunal however, held that, the Petitioners were able to prove that, the 2nd Respondent (Danjuma Azi and Rt. Hon. Moses Sule,) in both Petitions were not qualified to contest the election from the series of Court Judgments tendered from the Plateau State High Court, Federal and Court of Appeal.
The Tribunal held that, the PDP is still in disobedience to Court Orders and hence not qualified to sponsor any candidate in an election and that the Petitioners have not called them to interpret the Judgments, but to enforce or give effect to them being Judgments of competent and Superior Courts.
The Tribunal therefore, while granting the reliefs sought by the Petitioners in both Petitions in their Gronds Three (3) has set aside the declarations of INEC in both elections. It has declared the votes to the PDP in the elections as wasted votes and has ordered INEC to withdraw the certificate of return issued to Danjuma Azi and Rt. Hon. Moses Sule and further ordered INEC to issue certificates of return to the second highest vote scorers in both Petitions (Hon. Sunday Mark Na’ah and Hon. Daniel Naanlong Gapyil).
Hon. Sunday Mark Na’ah and Hon. Daniel Naanlong Gapyil
While reacting and fielding answers to questions from Journalists at the Tribunal premises, Hon. Sunday Mark Na’ah and Hon. Daniel Naanlong Gapyil, called on their supporters to celebrate calmly, as this is the first phase of the legal battle.
They however, thank God for the feat achieved and believe it is a booster to face the next stage, which is the Court of Appeal.
HON. NAANLONG
According to Hon. Naanlong, “The victory will give me more opportunity to serve my constituents as they have missed good representation in the past few months”.
SULEIMAN SARKIN YAKI APAC PLATEAU
Also reacting to the Judgments was Suleiman Mohammed (Sarikin Yaki APC Plateau State).
He said, “I am happy because the truth has come out that the PDP has no structure in Plateau State. I am also happy because our candidates’ mandates have been restored. I am therefore expecting them to help maintain the peace which our former Governor, Rt. Hon. Simon Bako Lalong had established”.
You would recall that REALITY had reported yesterday, that the Tribunal had also sacked the PDP member in the House representing Bokkos State Constituency.
The Senator Represent Plateau Central Senatorial District at the National Assembly, Sen. Diket Plang has confirmed to the National/State Houses of Assembly Election Petitions Tribunal sitting in Jos, the state capital that there were two INEC Returning Officers that collated the result of his election.
Under Examination-in-Chief led by the Counsel to the 2nd Respondent, A. J. Yirvoms (Esq), Sen. Diket confirmed the Court Judgments from the State and Federal High Courts including the Court of Appeal he made reference to in his statement that have already been tendered before the Tribunal, after adopting his statement on oath, dated 3rd June, 2023.
Sen. Diket, under cross examination by the Counsel to INEC (the 1st Respondent to the Petition), told the Tribunal that, he voted at Ngolong Tallkas, his Polling Unit (PU), after his accreditation by the INEC officer using the BVAS machine, like they did to other voters alike.
Still under cross examination by the 1st Respondent, Sen. Diket told the Tribunal that it is true that, exhibits 3R series are Judgments from various courts and that it is true that the PDP has no valid structure in Plateau State hence, the party cannot sponsor any candidate in any election and that is why the PDP does not have a candidate in the Plateau Central Senatorial election conducted by INEC on the 25th of February, 2023.
He said at the end of the election he was declared winner, after the collation of results and returned, having scored the highest votes in the election.
In apart he said, “It is also true that Prof. Daniel Dabi never concluded the election of Plateau Central District. It also true that Prof. Daniel Davou Dabi having not concluded the collation, he did not declare a winner for the election. It is also true that it was Dr. Jimam Lar that concluded the collation”.
Under cross examination from Counsel to the 2nd Respondent, S. S. Obende (Esq), Sen. Diket further told the Tribunal that, “I can confirm that Prof. Dabi did not make recourse to the IRev of INEC before he suspended Collation of result. It is also true that he suspended the collation in order for him to verify the 34 Polling Units (PUs) in Gagdi.
“The purpose of his verification was to enable him determine the collation of result in Gagdi Ward in Kanam LGA.
“He never returned to the collation based on the verification of the result in the polling units in Gagdi Ward.
“Dr. Jimam Lar, acted on the bases of the verified results from the 34 Polling Units t conclude the collation. It was after the collation that I was declared and returned.
“Nobody, including Dr. Lar ever concelled the results in Gagdi Ward.
“I represent Pankshin South and it falls within my constituency. The results in the series is the Pankshin South State Constituency”.
However, Under cross examination from Counsel to the Petitioners (Amb. G. Y. Gotom and the All Progressives Congress), Sen, Diket told the Tribunal that he was not a member of the PDP and that its constitution does not bind him.
In part he said, “I did not contest for election under the PDP from 2019 to 2023.
“I stated in my paragraph 7 on page 44 that the Plateau Central election was suspended. I also know that the results declared were correct. But, I denied the averment that the election was ever declared inconclusive but suspended.
“I can confirm that the election was delayed because of the results from Gagdi Ward.
“On 25th, I did not collate any result for INEC. I can confirm that Prof. Dabi as at 25th was the Collation Officer. I have told the Tribunal that one Dr. Jimam Lar was also a returning officer of the election.
“From my narration, Prof. Dabi commenced the collation, but Dr. Lar declared the result. I can confirm that Dr. Lar returned me after he had concluded collation. Collation was suspended initially, but Dr. Law continued and concluded.
“There is nothing in this Tribunal to show whether Prof. Dabi was removed or that he resigned. But, that is for INEC to answer”.
You would recall that, REALITY had reported that, the petitioners had called 5 key witnesses to prove their petition and among them were, Prof. Daniel Davou Debi, Mr. Takbal Nunfa and Mr. Bawa Bashir, who adopted their statements made on Oath on the 5th of May, 2023, after making some corrections, which were objected to by Counsels to the Respondents.
After Examination-in-Chief, led by Counsel to the Petitioners, Prof. Mike Ozekhome (SAN), Prof. Daniel during Cross Examination by Counsels to the 1st, 2nd and 3rd Respondents, told the National/State Houses of Assembly Petitions Tribunal that, he was an Adhoc staff of INEC during the election and that his job ends immediately he submitted his report on the election.
He said he cancelled 34 Polling Unit results from Kanam Local Government Area (LGA) of Plateau State and declared the election in Kanam LGA, “Inconclusive”.
He said he was the only person that cancelled the results and not the officers at the Polling Units (PUs) nor the Ward and Local Government levels.
He also told the Tribunal that, it is his responsibility to check, verify and authenticate results during the election as INEC’s Returning Officer.
He further disclosed that, he did not fill form EC40g because it was no made available to him.
He said, “In paragraph 4 of my statement on oath, I stated that, collation of results of 4 LGAs, Mangu, Pankshin, Bokkos and Kanke, which I personally collated, were done without difficulty and I stated clearly in my paragraph 6 that, APC the 3rd Respondent, scored, 125, 483 votes, while PDP scored 124, 810 votes and at this time, I was in charge. I did not write cancelled on my statement, but I wrote rejected.
“I was not at the Polling Units whose results I cancelled because I am not a PU agent or staff. However, these results were not cancelled at their various PUs. These same results were not cancelled at the Wards and LG level of Kanam LGA.
“The results were cancelled by me the Returning Officer, as a responsibility”.
Mr. Takbal Nunfa and Mr. Bawa Bashir were polling unit agents of the PDP and they were also cross examined.
Investigation by REALITY on the on-going allegation that, Mr. Noah Noah Kekere, Dr. Philip Bewde Dachung and Yusuf Abdullahi, were harvesting the kidneys of their patients need to be properly investigated by the Police. Medical Experts have urged.
Medical Experts, who spoke to REALITY, but who do not want their names mentioned in print, have unanimously told REALITY that, the only way medically known to remove human kidney is from the human back.
According to them, even the machines and other tools needed for the operation are not easily found not to talk of having it in Nigeria.
The Medical Experts, who are owners of their respective clinics in Jos, the Plateau State capital, have also urged the Nigerian Police to look at the back of these Patients/Claimants, who have alleged that their kidneys have been harvested or missing to see, if there are scares of the operation at their backs.
Adding that, “Kidney operation is not a child’s play medically speaking. People go abroad where the facilities are available to save the Donor and the Recipient.
“If Plateau State has such experts that can remove kidney easily, the flow of patients to the hospital would be unprecedented.
“This is why we strongly call on the Police to question and observe these claimants”.
REALITY in its investigation has also surprisingly found out that, the information on the number of people that may have confessed to be patients/victims of Noah and his team of Medical Practitioners to the Nigerian Police was allegedly gotten from a village head during an interview with him and up till the of this report, none of these reporters saw any of these Patients/Claimants.
REALITY investigation also can confidently disclose that, now of those who may have reported issues concerning Noah, his partners and the nurses working with him has a personal academic data or certificates of them.
Although the reporters and the On Air Personalities have made a huge talk concerning the issues, none took time to visit the Plateau State Magistrate and Chief Magistrate Courts currently handling the matter, to know what the Police told the Courts that it is investigating about Mr. Noah Noah Kekere, Dr. Philip Bewde Dachung and Yusuf Abdullahi.
Finding has also shown that, while these OAPs claim to be Journalists, the records of registered Journalists in Plateau state, does not include their names.
You would recall that, REALITY had reported that, there is already a twist in the case of the Nigerian Police against Noah Kekere, Dr. Philip Bewde Dachung and Yusuf Abdullahi, as the Police has told the Magistrate Court of Plateau State that, the Respondents/Defendants are been investigated for alleged offences of Defilement, Armed Robbery, Kidnapping, Theft, Rape, Unlawful possession of fire arms.
The Police, stated this in its Affidavit in support of the Motion Exparte dated the 18th of September, 2023, seeking an order of court to remand the Respondents/Defendants at the Correctional Center in Jos, Plateau State.
The Police on the face of the Motion, brought the Motion pursuant to Section 307 of the Plateau State Administration of Criminal Justice law and Paragraph II of the Administration of Criminal Justice Practice Direction of Plateau State, N0. 1 of 2021 and under Section 6 of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
The Police in its written address in support of the Motion Exparte, told the Magistrate Court in part that:
The Respondents were arrested in connection with alleged offences of Defilement, Armed Robbery, Kidnapping, Theft, Rape, Unlawful Possession of fire arms, etc, by agents of the Applicant and detained in the Applicant’s custody at State CID.
At the conclusion of the investigation, prima facie case of commission of the alleged offences were revealed against the Respondents and charge were preferred and filed against the Respondents at the High Court of Justice, Plateau State.
That while waiting for date for arraignment of the Respondents by the High Court, the Applicant’s facilities in which the Respondent are detained became congested and the condition of the said facilities depreciated and became unconducive for the health of the Respondent and there is every likelihood of outbreak of epidemic due to over congestion in the facilities.
In order to avert he occurrence of the aforementioned incident, Applicant filed this Motion and pray this Honourable Court to remand the Respondents at the Correctional Center custody in Jos.
There are strong expression of concerns and fear, over the non-fixing of date for the hearing of the suit filed by allegedly suspended Local Government Chairmen in the 17 Local Government Councils of Plateau State.
You would recall that, REALITY had reported that, while Hon. Justice Kunda, the substantive Judge handling the case had, with the consent of Counsels in the matter, adjourned the suit of the Chairmen, which was filed by way of Originating Summons to the 25th of September, 2023, for hearing and to allow Counsels in the matter to exchange processes. The Vacation Judge on his part, had adjourned the same matter to the 28th of September, 2023, to also allow the Applicant for Joinder to be heard.
Investigation within last week by REALITY indicates that, the Defendants in the suit are yet to file their response to the suit and the Vacation Judge has also returned the file to the office of the State Chief Judge on the 13th of September, 2023, for reassignment.
However, the litigants and observers at the Court today, the 25th of September, 2023, are already expressing worries as there is no court in the state at the time of this report that the case has been reassigned to.
In formation also reaching REALITY is that, the Chief Judge is also out of the State on assignment.
Contrary to reports by a section of the media the Nigerian Police has told the Magistrate Court of Plateau State that, it is investigating Noah Kekere, Dr. Philip Bewde Dachung and Yusuf Abdullahi, for alleged offences of Defilement, Armed Robbery, Kidnapping, Theft, Rape, Unlawful possession of fire arms.
You would recall that a section of the media had earlier reported, alleging that, the Respondents, Noah Kekere, Dr. Philip Bewde Dachung and Yusuf Abdullahi, were arrested over alleged Organ Harvesting of Kidneys from their patients. Adding that, over 6 patients have already come forward to testify.
They had also reported that, Mr. Noah is already feigning that he is mentally unstable after his arrest.
However, investigation from the Magistrate Court of Plateau State by REALITY shows that, there is already a twist in the case of the Nigerian Police against Noah Kekere, Dr. Philip Bewde Dachung and Yusuf Abdullahi, as the Police has told the Magistrate Court of Plateau State that, the Respondents/Defendants are been investigated for alleged offences of Defilement, Armed Robbery, Kidnapping, Theft, Rape, Unlawful possession of fire arms.
The Police, stated this in its Affidavit in support of the Motion Exparte dated the 18th of September, 2023, seeking an order of court to remand the Respondents/Defendants at the Correctional Center in Jos, Plateau State.
The Police on the face of the Motion, brought the Motion pursuant to Section 307 of the Plateau State Administration of Criminal Justice law and Paragraph II of the Administration of Criminal Justice Practice Direction of Plateau State, N0. 1 of 2021 and under Section 6 of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
In a swift reaction to the development, the Respondents/Defendants, Noah Kekere, Dr. Philip Bewde Dachung and Yusuf Abdullahi, have approached a Chief Magistrate Court of Plateau State sitting in Jos, the state capital, in case No: CMC/JMDB/M133/2023, for the order granted the Police on the 18 of September, 2023 to be vacated and an order setting aside the remand order.
From facts check before the Court, the Bailiff of the Court, Agwom Bulus, has filed an Affidavit of Unserved Writ, dated 21st September, 2023, stating that the Police refused to collect the process.
“They effused to collect the process stating that matter is with the Ministry of Justice hence they cannot collect the Motion”. Agwom Bulus stated in the affidavit sighted by REALITY.
There is already a twist in the case of the Nigerian Police against Noah Kekere, Dr. Philip Bewde Dachung and Yusuf Abdullahi, as the Police has told the Magistrate Court of Plateau State that, the Respondents/Defendants are been investigated for alleged offences of Defilement, Armed Robbery, Kidnapping, Theft, Rape, Unlawful possession of fire arms.
The Police, stated this in its Affidavit in support of the Motion Exparte dated the 18th of September, 2023, seeking an order of court to remand the Respondents/Defendants at the Correctional Center in Jos, Plateau State.
The Police on the face of the Motion, brought the Motion pursuant to Section 307 of the Plateau State Administration of Criminal Justice law and Paragraph II of the Administration of Criminal Justice Practice Direction of Plateau State, N0. 1 of 2021 and under Section 6 of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
The Police in its written address in support of the Motion Exparte, told the Magistrate Court in part that:
The Respondents were arrested in connection with alleged offences of Defilement, Armed Robbery, Kidnapping, Theft, Rape, Unlawful Possession of fire arms, etc, by agents of the Applicant and detained in the Applicant’s custody at State CID.
At the conclusion of the investigation, prima facie case of commission of the alleged offences were revealed against the Respondents and charge were preferred and filed against the Respondents at the High Court of Justice, Plateau State.
That while waiting for date for arraignment of the Respondents by the High Court, the Applicant’s facilities in which the Respondent are detained became congested and the condition of the said facilities depreciated and became unconducive for the health of the Respondent and there is every likelihood of outbreak of epidemic due to over congestion in the facilities.
In order to avert he occurrence of the aforementioned incident, Applicant filed this Motion and pray this Honourable Court to remand the Respondents at the Correctional Center custody in Jos.
You would recall that, a section of the media had earlier reported and alleging that, the Respondents, Noah Kekere, Dr. Philip Bewde Dachung and Yusuf Abdullahi, were arrested over alleged Organ Harvesting of Kidneys from patients. Adding that, over 6 patients have already come forward to testify.
They had also reported that, Mr. Noah is already feigning that he is mentally unstable after his arrest.
In a swift reaction to the development, the Respondents/Defendants, Noah Kekere, Dr. Philip Bewde Dachung and Yusuf Abdullahi, have approached a Chief Magistrate Court of Plateau State sitting in Jos, the state Capital, in case No: CMC/JMDB/M133/2023, for the order granted the Police on the 18 of September, 2023 to be vacated and an order setting aside the remand order.
From facts check before the Court, the Bailiff of the Court, Agwom Bulus, has filed an “Affidavit of Unserved Writ”, dated 21st September, 2023, stating that the Police refused to collect the process.
“They effused to collect the process stating that matter is with the Ministry of Justice hence they cannot collect the Motion”. Agwom Bulus stated in the affidavit sighted by REALITY.
TO BE CONTINUED…
AS REALITY WOULD BRING YOU INTERVIEWS WITH MEDICAL EXPERTS ON HOW KIDNEY CAN ONLY BE REMOVED FROM THE HUMAN BACK AND THE AVAILABILIIY OF THE MACHINE IN NIGERIA.
Most election Petitions challenging the conducted elections by the Independent National Electoral Commission (INEC) in Plateau State on 25th February and 18th March, 2023, have proceeded to the Court of Appeal, Jos Division, as decisions on them have been delivered one way or the other by the Lower Tribunal.
The first set of Judgments passed by the National/State Houses of Assembly Election Petitions Tribunal in Jos, Plateau State on Petitions filed by Mohammed Alkali Adamu and the Peoples Redemption Party (PRP), the ones filed by Amb. Chris Giwa and Ibrahim Baba Hassaan and the All Progressives Congress (APC) and Gyang Zi (Esq) challenging Hon. Musa Avia Agah and Sen. Simon Mwadkon, are already in Appeal. REALITY gathered.
The other sets of Judgments are those filed by Hon. Vincent Vinman and the APC against Beni Lar and the PDP, Nanbol Listick and the APC against Hon. Nanbol concerning Langtang Central State Constituency and that filed by Rt. Hon. Yakubu Sanda concerning Pengana State Constituency, among others. The Counsel to PDP has already indicated that the party is going to appeal all.
More also, there are strong indications that, the candidate of the All Progressives Congress (APC) Dr. Nentawe Yilwatda, would also be heading to the Appeal Court as his Counsel, Edward Pwajok (SAN) had informed the Governorship Tribunal, after Judgment was delivered on the Petition Dr. Nentawe and the APC filed challenging the victory of the incumbent Governor, Caleb Mutfwang and the PDP over structure and qualification yesterday.
The hearing of the Petition filed by Amb. G. Y. Gotom and the Peoples Democratic Party (PDP), challenging the victory of Sen. Diket Plang and the All Progressives Congress (APC), over the Plateau Central Senatorial District election has further been adjourned to the 25th/26th/27th of September, 2023, for continuation of hearing, after two more witnesses were invited by the Petitioners in support of their Petition today.
The two witnesses, Mr. Useni Audu and Hussaini Ali, adopted their statements made on Oath on the 5th of May, 2023, before the Tribunal, after making some corrections, which were objected to by Counsels to the Respondents.
After Examination-in-Chief, led by Benson Igbanoi, Counsel to the Petitioners, during Cross Examination by Counsels to the 1st, 2nd and 3rd Respondents, Mr. Useni and Mr. Hussaini told the National/State Houses of Assembly Petitions Tribunal sitting in Jos, the Plateau State capital that, they made verbally complaints of the over voting in their Polling Units with code 001 and 083 in Kanam Local Government Area (LGA) of Plateau State, yet, the results of the PUs were not cancelled by their respective Presiding Officers.
Mr. Useni said, “I did not sign the result because of the problem of over voting and none of the other agents in the polling unit signed too.
“I served as an agent of PDP in my Polling Unit (PU). I do not have anything to identify myself here because, I lost my tag because of the destruction that took place. I however, did not swear to an Affidavit of lost.
“On the part of Hussaini, he told the court that, there was a connivance between the 1st and 2nd Respondent in favour of the 3rd Respondent during the election and collation”.
In all, both Useni and Hussani were unable to link the allegations they raised of disruption and destruction in their statement to paragraph 15 of the Petition in the open court as they claimed.
Before the adjournment, the Counsel to the Petitioners, Benson (Esq), who was standing in brief for Chief, Prof. Mike Ozekhome (SAN), told the Tribunal that, he is forced to apply for adjournment because their efforts to reach out to other 4 witnesses failed. He said the Petitioners planned to fill 6 witnesses, but only 2 came.
Secondly, that he is applying for the adjournment to give INEC time to produce other documents the Petitioners are heavily relying upon and had requested for via a subpoena.
Adding that, out of the 7 documents the Petitioners requested for, only 2 have been produced by INEC.
Responding, Counsel to INEC, Mammud Adeshina (SAN) promised to put in more efforts by reaching out to his client (INEC) to produce.
You would recall that REALITY had reported that, the Petition filed by Amb. G. Y. Gotom and the Peoples Democratic Party (PDP), challenging the victory of Sen. Diket Plang and the All Progressives Congress (APC), over the Plateau Central Senatorial District election has entered full hearing with 3 witnesses already called by the Petitioners.
The witnesses, Prof. Daniel Davou Debi, Mr. Takbal Nunfa and Mr. Bawa Bashir, all adopted their statements made on Oath on the 5th of May, 2023, after making some corrections, which were objected to by Counsels to the Respondents.
The Petition filed by Amb. G. Y. Gotom and the Peoples Democratic Party (PDP), challenging the victory of Sen. Diket Plang and the All Progressives Congress (APC), over the Plateau Central Senatorial District election has entered full hearing with 3 witnesses already called today by the Petitioners.
The witnesses, Prof. Daniel Davou Debi, Mr. Takbal Nunfa and Mr. Bawa Bashir, all adopted their statements made on Oath on the 5th of May, 2023, after making some corrections, which were objected to by Counsels to the Respondents.
After Examination-in-Chief, led by Counsel to the Petitioners, Prof. Mike Ozekhome (SAN), Prof. Daniel during Cross Examination by Counsels to the 1st, 2nd and 3rd Respondents, told the National/State Houses of Assembly Petitions Tribunal that, he was an Adhoc staff of INEC during the election and that his job ends immediately he submitted his report on the election.
He said he cancelled 34 Polling Unit results from Kanam Local Government Area (LGA) of Plateau State and declared the election in Kanam LGA, “Inconclusive”. He said he was the only person that cancelled the results and not the officers at the Polling Units (PUs) nor the Ward and Local Government levels.
He also told the Tribunal that, it is his responsibility to check, verify and authenticate results during the election as INEC’s Returning Officer. He further disclosed that, he did not fill form EC40g because it was no made available to him.
He said, “In paragraph 4 of my statement on oath, I stated that, collation of results of 4 LGAs, Mangu, Pankshin, Bokkos and Kanke, which I personally collated, were done without difficulty and I stated clearly in my paragraph 6 that, APC the 3rd Respondent, scored, 125, 483 votes, while PDP scored 124, 810 votes and at this time, I was in charge. I did not write cancelled on my statement, but I wrote rejected.
“I was not at the Polling Units whose results I cancelled because I am not a PU agent or staff. However, these results were not cancelled at their various PUs. These same results were not cancelled at the Wards and LG level of Kanam LGA.
“The results were cancelled by me the Returning Officer, as a responsibility”.
Mr. Takbal Nunfa and Mr. Bawa Bashir were polling unit agents of the PDP and they were also cross examined.
While fielding answers to questions from Journalists after the session, the Counsel to the Petitioners, Prof. Ozekhome (SAN), expressed confidence in the evidence given by the witnesses so far called.
He still questioned why there are two returning officers in one election.
The matter has been adjourned to tomorrow for continuation of hearing.
The Social and Traditional Media spaces are in the last few days occupied by reactions trailing the recent Judgments delivered by the Panel One of the National/State Houses of Assembly Election Petitions Tribunal sitting in Jos, the Plateau State capital.
While some commentators have commended the Judgments, others have trashed it with suspensions.
However, these Press releases, radio and TV interviews, comments on social media have not stop the strong fears that the Tribunal-Hurricane is currently sweeping the PDP elected officers in the just concluded general elections out of office.
PWAJOK (SAN)
You would recall that, the members of the PDP and its strong supports across the state had mocked its former Counsel and member of the party, Edward Pwajok (SAN) on the eve of the general elections when he pointed out the downfall of the PDP in a radio interview on Rhythm 93.7 FM.
We he said, “A vote for the PDP is a wasted vote!”
Pwajok (SAN)’s advice was ignored, especially, when the party was prevented from participating in the LGA elections and when Hon. Musa Agah’s victory in 2022 was nullified.
Pundits hold that, “The PDD failed to see the handwriting on the wall”.
“It is expected that, the party needs to put facts on the table to make its members take right decision for the People of Plateau State”. Pundits added.
Based on the above, REALITY has decided to republish the Press Release of Hon ZULFA RIMVEN (ESQ), dated 16/9/23, for our readers, to re-establish the cases of PDP that were tendered at the Tribunal that led to the recent decisions.
Read below:-
THE VERACITY OF THE JUDGEMENTS IN PANEL 1 OF THE STATE AND NATIONAL ASSEMBLY ELECTION PETITION TRIBUNAL SITTING IN JOS AND DELIVERED ON 11TH AND 12TH SEPTEMBER, 2023.
-A LAWYERS PERSPECTIVE:-
It is no longer news that the Tribunal sitting in Jos has sacked four National Assembly Members of the PDP in Plateau State.
This is clearly in line with permutations, cautions and warnings that were in the public domain before the 2023 general elections, about the inescapable disaster or peril that would eventually befall the PDP in Plateau State.
Well, like it is said, “time reveals”. But, it is worrisome that some members of the public and indeed, some lawyers, seem perplexed at the outcome of the decisions under review. For the avoidance of doubt, it is important to note that the general elections where members of the public go out to vote, is actually the concluding part of the electoral process. Election is a process and defect in any of the processes, renders the outcome of the secondary election, a nullity no matter how well conducted it might otherwise be regarded. The process inter alia, includes registration of political parties, congresses to elect EXCO for the Party at all levels, conduct of primary elections, and qualification of both the Political Party and the Candidates to contest an election. All these processes are regulated by law and must be adhered to, stricto senso. Thankfully, the Court is the last part of the electoral process and that is where we are presently.
The Tribunal at all levels in Plateau State have been inundated with one potent Ground of Petition by both the Labour Party, PRP and the APC aside the general irregularities in the conduct of elections. This Ground challenges the qualification of PDP to field in candidates to contest for elections while living in flagrant disobedience to Court orders. In proving Ground One, the Petitioners relied and tendered avalanche of cases decided against the PDP as follows:
Certified True Copy of the Judgment in PLD/J/304/2020- Between: Bitrus Kaze and Others Vs. PDP and Others. This is the genesis of the misfortunes of PDP. Here, the Court ordered PDP to conduct Ward, LGA and State congresses to elect their leaders. In other words, the Court ordered PDP to form their “structure”. Mind you, forming your structure is part of the electoral process you must fulfill.
Certified True Copy of Judgment Between: PDP v Plateau State Independent Electoral Commission in PLD/J/250/2021. Since PDP failed to obey the order in the first case, the Court in this second case, excluded PDP from participating in the Local Government elections for not complying with the orders of court. The PDP appealed this case to the Court of Appeal and the Supreme Court and lost in both appellate courts.
Certified True Copy of the Judgement of the High Court of Plateau State in PLD/J276CV/2020 dated 24/6/2021 Between: Ishaku Adamu Izang Vs. Markus Husseini Nyam (AKA Kaunde). In this case, the High Court granted the reliefs claimed by the claimants and set aside the Local Government Congresses conducted by PDP and PDP is yet to conduct congresses for the purpose of constituting its Wards, Local Government and State organs of the Party.
Certified True Copy of the Ruling of the High Court of Plateau State in PLD/J276CV/2020 dated 24/2/2022 Between: Ishaku Adamu Izang Vs. Markus Husseini Nyam (AKA Kaunde)
Without conducting special congresses to constitute the various organs of the Party in Plateau State, PDP filed a Motion seeking to set aside the Judgement in this case, but the court dismissed the said motion.
Certified True Copy of the Judgement of Election Petition Tribunal in EPT/PL/HOA/02/2022 – Between: Adamu Mohammed Alkali (of PRP) Vs. Musa Agah Avia (of PDP). In this case, a bye election was conducted for the House of Representatives for Bassa/Jos North Federal Constituency in 2022 and PDP won the Bye election. But due to lack of structure, the Tribunal in that case sacked Musa Agah and declared/returned Alkali of PRP.
Certified True Copy of the Judgement of Election Petition Tribunal in EPT/PL/HOA/216/2022 – Between: Peter Da’an Dasat (of PDP) Vs. INEC & Others. Just like the Musa Agah’s case, a Bye election was conducted for the House of Assembly of Pankshin South in 2022. The APC won that bye election but the PDP petitioned the election at the Tribunal. The tribunal held that PDP lacked the structure to sponsor a candidate.
Certified True copy of Judgement of the Court of Appeal in CA/J/EPT/PL/NA/HR/216/2022 Between Peter Da’an Dasat Vs. INEC & Others. This is an appeal to the Court of Appeal by PDP and it’s candidate against the judgement of the Tribunal. The court of appeal upheld the decision of the Tribunal that PDP lacks the structure to sponsor a candidate in that election.
Certified True Copy of Judgement of the Court of Appeal in CA/J/196/2021 – Between: Musa Agah V. Adamu Muhammed Alkali. The PDP were dissatisfied with the outcome of the decision of the Tribunal and appealed to the Court of Appeal. Among other things, the court held in pages 47-48 of the judgement as follows:
‘’ From the Record, it is evident that the Appellant started its electoral process on a faulty ground by allowing the disbanded leadership to carry on the business of the Party. (See exhibit 1 at page 160 of the Record). By this conduct, there was no legal foundation upon which the electoral process would stand. In other words, the whole electoral exercise being conducted by the Appellant was a nullity in view of the judgement of the High Court in suit No PLD /J304/2020… The Respondent was right to have declined the invitation to observe the Appellant’s electoral process. In addition, the Appellant failed to apply the relevant provisions of sections 223(1) a of the constitution, 85(3) of the electoral Act, 2010 (as amended), Article 49(1) of the PDP constitution and paragraphs 5.2-5.5 of the Guidelines for conduct of ward, local Government area, state, zonal congresses and the national convention of the PDP. Rather, it resorted to the use of section 29(2) of its constitution which was not contemplated by Relief 4 granted in Exhibit H. It goes without saying that the Appellant was in disobedience to the order of the High Court in exhibit ‘’H’’ which was/ is subsisting at the time of the action by the Appellant at the lower court. It is trite that orders of courts are meant to be obeyed… in this issue, I am of the firm view that the Appellant was the architect of its own misfortune. It cannot be heard to complain by way of this appeal. This appeal therefore lacks merit and same is hereby dismissed.’’
PDP AND ITS CANDIDATES’ CONTENTION
The PDP and its Candidates at all levels contended that they have complied with the order of the Plateau State High Court by conducting congress on 25th September, 2021. They relied on a purported INEC report to that effect.
They also contended and relied on the case of Augustine Timkuk, saying that the Federal High Court in Jos affirmed that they have complied with the order of the High Court of Plateau State by conducting congress on 25th September, 2021.
At the risk of prolixity, this is not the first time PDP is fronting the argument that it conducted congress on 25th September, 2021. In the case of Peter Da’an Dasat as cited above, PDP made the same claim but the court had this to say:
“In this regard, in addition to the fact that there is no evidence whatever in establishing the fact that a congress was held on the 25th September, 2021 and what the congress was for, it must be reiterated that what the Petitioners have to establish in order to suspend the effectiveness of the decision of the Court of Appeal is the Election of the valid Executive Committee in compliance with the order of the Court in PLD/J304/2020 as affirmed by the Court of Appeal in PEOPLES DEMOCRATIC PARTY VS. PLATEAU STATE INDEPENDENT ELECTORAL COMMISSION, APPEAL NO. CA/J/196/2021 delivered on the 6th day of May, 2022. Failure to do so means that whatever is placed upon the action of the Caretaker Committee continues to be void including the conduction of primaries to nominate and sponsor the 1st Petitioner”.
THE CRUX OF THE TRIBUNAL’S HOLDING
It must be established that law is well rooted in the principle of judicial precedence otherwise called stare dicisis. All lower courts are bound by the decisions of Courts superior to them.
The Tribunal therefore, is bound by the plethora of appellate decisions against PDP in Plateau State. The Tribunal rightly held that it is bound by the decisions of the appellate courts. The Tribunal further held that PDP is estopped based on issue estoppel, from re-litigating the issues already settled by different courts against them.
In respect of the purported congress conducted by the PDP on 25th September, 2021, the Tribunal held that the report tendered by the PDP and INEC is defective. Only five Local Governments participated in the so-called congress. The signatories to same are not known. No list of delegates that participated in the said congress and no evidence that after the decisions of the Court of Appeal in 2022, the PDP took steps to comply with the order of court.
Regarding the case of Augustine Timkuk which the PDP placed heavy reliance on, the Tribunal held that the decision does not in any way help the PDP. This is because, in that case, the Federal High Court upheld the Preliminary Objection raised by PDP to the effect that the matter of Augustine Timkuk being a pre-election matter, was brought out of time. Therefore, the Federal High Court declined jurisdiction to entertain the suit. Consequently, the pronouncement made by the judge afterwards to the effect that PDP had complied with the decision of the Plateau State High Court by conducting congress on 25th September, 2021, is only an obiter dictum (a by the way statement not a binding decision). A court can not make a valid pronouncement on the substantive case once it declines jurisdiction.
On the whole, the Tribunal’s decision, sacking four federal legislators of the PDP, is therefore well founded in law and facts.
Finally, it must be understood that equity will not suffer a wrong to be without remedy. PDP can not perpetually remain in disobedience of valid orders of court and expect to benefit from the same courts.
Since, “Tribunal One” of the National/State Houses of Assembly Election Petitions Tribunal, sitting in Jos, the Plateau State capital, gave judgments against the Plateau Sate chapter of the Peoples Democratic Party (PDP) and the list of those to benefit from the Mrs. Sen. Tinubu’s Internally Displaced Persons donation became public, hell was let loose in the political space of Plateau State throughout last week.
The political space has become cloudy, horrifying and choking, as the PDP and its supporters and the members of the All Progressives Congress (APC) and their supporters became dissatisfied over the recent Judgments and the distribution list of beneficiaries made public.
Both parties and their members have being calling for heavens to fall as they express their distaste and dissatisfaction.
From the Press statements on the issues made available to REALITY, those concerned, have also called for thunder and lightning, fire and brimstone, blackmail and intimidation to judge, as a means of subduing the Judiciary and the State Government and of course, on other political opponents of the PDP.
The anger of these party members were also observed and read on Online Platforms by REALITY, where they have taken to bullying, media propaganda and sponsored protests against the Tribunal.
Pundits who have chosen to condemn these actions have cleverly told REALITY that, “The actions are careful crafted to heat-up the polity”.
However, those who feel disappointed over the distribution of the IDPS’ Money feel it’s an attempt to divert attention of the citizens from the Five Hundred Million Naira (N500M) allegedly donated by the wife of the President, Sen. Remi Tinubu, to victims of attacks, which allegedly has turned into a Political largesse.
The statement in party from the faceless “Concerned Plateau Persons” reads, “The actions are careful crafted to not only heat-up the polity, but divert attention on the Government’s decimal performance and the misapplication of the five hundred million naira donated by the wife of the President Senator Remi Tinubu to victims of attacks, which sadly, has reportedly been turned into a Political largesse.
“Commercial wailer dealers and political hirelings have been at work, trying effortlessly to wet the dreams of the PDP worshipful supporters, especially those that do not know, that the party is on its way to the cemetery”.
However, rising from an emergency meeting of the Coalition of Ethnic Youth Organization in Plateau state, held in Jos the Plateau state capital on Wednesday September 13, 2023 and the Press Statement issued after it and made available to REALITY, the group has void to defend what it calls, “The Plateau Mandate”,
The faceless Coalition of Ethnic Youth Organization in Plateau State stated that, “The Exco issued a statement declaring the resolve of their individual and collective organizations to defend the People’s mandate, as was clearly expressed in the February 25th National Assembly Elections and the March 18th gubernatorial elections that declared His Excellency Barr. Caleb M. Mutfwang as winner”.
According to the leaders of the faceless youth organizations, their statements and current stance became absolutely necessary in the wake of what they call, “very strange, irregular and spurious judgments that was/is biasedly delivered on the 11th and 12th September, 2023, by one of the election petition panels led by Hon. Justice B. M. Tukur”.
Their statement signed by one Habila Gamji, as Publicity Secretary, further warned all the detractors of Plateau state to abandon their agenda of destabilization, terrorist attacks, land grabbing and economic disruption currently being pursued by them, adding that, “The youths are ready to defend Plateau no matter what the cost may be”.
“The coalition of Ethnic Youth Organizations is emphatic, that no manipulation or miscarriage of justice by compromised judges as the one led by one B. M. Tukur should be allowed to cause confusion and mayhem in the state”. They added.
According to them, “It is certain and settled that, His Excellency, Barr. Caleb M. Mutfwang won a majority of the votes cast and has the legitimacy to govern Plateau state.
“Therefore, all well-meaning citizens of Nigeria, Security Chiefs and indeed, Mr President should prevail on all those saddled with the responsibility of discharging justice to do so without fear or favor, so as to guarantee peace and tranquility in their respective jurisdictions”.
On its part in a swift reaction to the position of the Coalition, the Concerned Persons stated in another press release that, “Unfortunately, the hobbled histrionics are not after all effective, since the people, particularly the discerning minds within the party are still moody and skeptical on the PDP’s continued occupation of the Government House.
“The morbid meditation on the already delivered judgments by the PDP is misplaced and an after- thought since the party knew that it abused and disrespected the provisions of extant laws concerning the conduct of elections.
“It is therefore foolhardy, uncharitable and preposterous for the PDP and the Coalition to cast aspersions on the Judiciary and also impugn the integrity of the justices when the party was the architect of its own predicament.
“One wonders what changed from May last year when the Court of Appeal sitting in Jos, affirmed the judgment of Justice Kunda of the Jos High Court, stopping PDP from contesting the Local government Council elections to the present state.
“The PDP and the Coalition, as pretenders, deceitfully and mischievously are trying to, at all cost create the impression that, there was/is a perversion of justice by the Tribunal in all the judgments, which are against them.
“To say how myopic and scandalous the PDP and the Coalition are, when the Tribunal II gave judgments in its favour, it was ‘Uhuru’ and ‘hosanna’, but when it went the other way, it was ‘crucify them’ and ‘finish them’.
“As a cheap and wicked blackmail, promoted by the party, anybody that secured judgment against PDP is often tagged an enemy of Plateau State”.
The Judgments so far delivered by the National/State Houses of Assembly Election Petition Tribunal has so far put the Labour Party (LP), the party of Edward Pwajok (SAN) as the winners of the strong holds of the Peoples Democratic Party (PDP) and Sen Jonah David Jang in Northern Plateau.
You would recall that, Edward Pwajok (SAN) ran in the 2023 Governorship Election in Plateau State as the Deputy Governorship candidate of the Labour Party (LP).
The recent Judgments of the Panel II of the National/State Houses of Assembly Election Petition Tribunal sitting in Jos, the Plateau State capital, has declared in Petitions No: EPT/PL/HR/03/2023, EPT/PL/HR/09/2023, and EPT/PL/HR/01/2023, filed by Mr. Alfred, Hon. Dandereng and Mr. Fom Chollom that, the Labour Party won, owing to the lack of structure of the PDP, which was initially declared as winner by INEC.
The areas covered by the Tribunal Judgments include, Barkin-ladi, Riyom, Jos South and Jos East, which are the strong holds of the PDP and the former governor of Plateau State, Sen. Jonah David Jang.
Irked by the plethora of allegations of diversion of palliative meant for the vulnerable persons by government officials in Nasarawa State, the state Governor, Engineer Abdullahi Sule, personally took over the distribution of the food items which were accompanied with a token amount of Five Thousand Naira to the beneficiaries in three Local Government Areas (LGAs)of the state on Tuesday.
His action according to the state Chief Executive was aimed at keeping close watch on both the food items and the cash donations and to ensure that it got to the right beneficiaries.
The three lucky Local Governments are: Awe, Keana and Obi LGAs, where each of the over Three Thousand beneficiaries smiled home with 50kg of Rice, accompanied with Five Thousand Naira cash.
Governor Sule who advised the beneficiaries to ensure proper management of the palliative, also warned against the redistribution of the commodities as some people used such avenues to blackmail the State Government on the quantity of the food stuff given per individual.
Engineer Sule also disclosed that he has given directive for the immediate commencement of the payment of Ten Thousand Naira monthly palliative to civil servants for a period of six months, while pensioners would in the same vain be paid Five Thousand Naira palliative for the same period of six months.
He said, all these palliative were the initiative of the President of the Federal Republic of Nigeria, Sen. Bola Tinibu in his efforts to cushion the effects of the hardship being faced by the Nigerians as a result of the removal of the fuel subsidy. He appealed to the people of the state to always be orderly, while the process of sharing the palliative was going on.
In his remarks at the distribution of the palliative, the Emir of Awe, Alh Isa Abubakar, the Emir was full of appreciation to both the state and Federal Government for what he described as their kind heartedness by coming to the rescue of the common man bearing in mind the hash economic realities of the day, which is brought about by the subsidy removal.
He appealed to the people of the area to cooperate with the State Government by conducting themselves in a peaceful manner. Adding that, those who did not get today might have their turn tomorrow.
Our Correspondent, who was at the venue of the distribution observed that, the joy of the beneficiaries knew no bound as they held their bags of the 50 kg tenaciously as others who were yet to get scrambled in an effort to get theirs.
The National/State Houses of Assembly Election Tribunal sitting in Jos, Plateau State has declared that, the Peoples Democratic Party (PDP) chapter in Plateau State has no structure and it is as well in disobedience to several Court orders in Petitions No: EPT/PL/HR/03/2023 and EPT/PL/HR/04/2023 filed by, Mr. A. I. Alfred and Hon. Vincent Veman respectively.
The Tribunal held that, INEC, the body saddled with the responsibility of monitoring political parties also failed to prove that, it monitored the Plateau State PDP’s Congress allegedly held on the 25th of September, 2021.
The Tribunal in its Judgment sacking, Hon. Musa Bagos and Hon. Beni Lar, read by Hon. Justice O. A. Adetuye (Member II) and Hon. Justice B. M. Tukur (Chairman) held that, INEC failed to even call any witness to substantiate its report tendered before the Tribunal, which claims that, the PDP actually conducted its Congress as ordered by the various Courts on the 25th of September, 2021.
The Tribunal in deciding Petition No: EPT/PL/HR/03/2023 and EPT/PL/HR/04/2023, declared that, since PDP has no structure it cannot validly nominate and sponsor any candidate to contest election in the state.
It also held that, the Order of the Courts for PDP to conduct another Congress was not limited to Plateau State Local Government election.
According to the Tribunal, even if the various Judgments before the Tribunal were not tendered, the Tribunal would have taken Judicial Notice of them if cited.
The Tribunal has therefore ordered INEC to withdraw the Certificate of Returns issued to Hon. Lar and Hon. Bagos, as the victory is null and void as they were not qualified at the time of the election to contest, while votes for them were wasted votes.
The Tribunal has also ordered INEC to issue Certificates of Return to Hon. Vincent and Mr. Alfred.
A group under the aegis of WASE EQUITY PROJECT, led by Rt. Hon. Ahmed Idris Wase has joined other Plateau Citizens to Congratulate, Rt. Hon. Simon Bako Lalong, over his victory in his petition No: EPT/PL/SEN/02/2023, which he filed challenging the victory of the Peoples Democratic Party (PDP) and its candidate, Sen. Napoleon, at the National/State Houses Tribunal sitting in Jos, the Plateau State capital.
The congratulatory message contained in a press statement, dated 11/9/23 and signed by the Publicity Secretary of the group, Hon. Abubakar Muhammad Badu (Dan Malikin Wase), also described the victory of Lalong as, “Well deserving”.
In part, the group stated that, “We are delighted to join our leader, Rt. Hon. Ahmed Idris Wase in extending our warmest congratulations to Rt. Hon. Simon Bako Lalong, on his decisive victory at the tribunal, as the duly elected Senator representing the Plateau Southern Senatorial Zone.
“This triumph is a testament to his exceptional leadership qualities, dedicated service to the people, and unwavering commitment to the development and progress of Plateau State.
“The tribunal’s ruling reaffirms the trust and confidence that the people of the Plateau Southern Senatorial Zone have placed in Rt. Hon. Simon Bako Lalong.
“It validates the choice they made during the elections, recognizing his visionary leadership and his ability to effectively articulate and address the needs of the constituency”.
READ THE FULL PRESS TEXT BELOW:-
PRESS STATEMENT
WASE EQUITY PROJECT CONGRATULATES RT HON SIMON BAKO LALONG ON HIS VICTORY AT THE TRIBUNAL AS SENATOR OF PLATEAU SOUTHERN SENATORIAL ZONE
11/9/23
We are delighted to join our leader Rt Hon Ahmed Idris Wase in extending our warmest congratulations to Rt Hon Simon Bako Lalong on his decisive victory at the tribunal as the duly elected Senator representing the Plateau Southern Senatorial Zone. This triumph is a testament to his exceptional leadership qualities, dedicated service to the people, and unwavering commitment to the development and progress of Plateau State.
The tribunal’s ruling reaffirms the trust and confidence that the people of the Plateau Southern Senatorial Zone have placed in Rt Hon Simon Bako Lalong. It validates the choice they made during the elections, recognizing his visionary leadership and his ability to effectively articulate and address the needs of the constituency.
Under the, able leadership of Rt Hon Simon Bako Lalong, Plateau State has witnessed significant strides in various sectors. Education, healthcare, infrastructure, agriculture, and security have all witnessed remarkable improvements, thanks to his relentless efforts and strategic policies. His inclusive governance style ensures that all sections of society are represented and that opportunities for growth are accessible to all.
We commend Rt Hon Simon Bako Lalong for his remarkable achievements not just as a Senator-elect, but also as a distinguished public servant who has consistently placed the welfare of his constituents at the forefront of his agenda. His tireless dedication to the betterment of Plateau State is truly commendable.
As we celebrate this well-deserved victory, we are confident that Rt Hon Simon Bako Lalong will continue to deliver on his promises, working diligently to ensure the welfare, progress, and prosperity of the people of Plateau Southern Senatorial Zone.
We extend our heartfelt congratulations to the Distinguished Senator, his team, and all those who have supported him throughout this journey. We remain steadfast in our commitment to working alongside him and the Senatorial Zone to build a better and brighter future for all.
Congratulations once again, Rt Hon Simon Bako Lalong
There is a strong fear within the Peoples Democratic Party (PDP) Plateau State chapter today, as the National/State Houses of Assembly Tribunal, like a Tsunami, has sacked Sen. Napoleon, the Distinguished Senator representing Plateau South Senatorial District and his colleague in the Green Chambers, Hon. Peter Gyenden, who is representing Riyom/Barkin-ladi Federal Constituency of Plateau State from the National Assembly.
The Tribunal in its Judgment in Petition No: EPT/PL/HR/01/2023, filed by Fom Dalyop Chollom and Petition No: EPT/PL/SEN/02/2023, filed by the former Governor of the State, Sen. Simon Bako Lalong held that, the issue of qualification to sponsor candidates by the PDP was not only a Pre-election matter, but also a Post Election matter.
According to Hon. Justice Elekwa, member of the Tribunal Panel II and Hon. Justice B. M. Tukur, the Chairman of the Panel II, who read the Judgment of the Petition filed by Fom Dalyop Chollom and Simon Lalong respectively, the Tribunal held that, what the Labour Party (LP) and the All Progressives Congress (APC) and their candidates are challenging at the Tribunal was not the Primary elections conducted by the PDP in the state nor its outcome, but the qualification of the party to sponsor any candidate, which makes it a Post Election matter.
It also held that, there was no way the Tribunal would not have taken Judicial Notice of the plethora of cases tendered before it by the respective parties in the two Petitions, with respect to the allegations of Disobedience to Court Orders.
It further held that, the Courts Judgments before the Tribunal are not only related to the Plateau State Local Government (LG) elections as they (PDP) were directed to conduct their congresses.
Adding that, the Judgments are binding on all, irrespective of their statue/position.
Although the Tribunal held that the Petitioners were unable to prove their allegations of Non-substantial compliance, issues of alteration and mutilations of results in both Petitions beyond reasonable doubts and did not speak to these criminal allegations, while giving evidence through their witnesses, it however held in Petition No: EPT/PL/HR/01/2023 that, the petitioners were able to establish that they had the second highest lawful votes cast.
The Tribunal has ordered INEC to retrieve the Certificate of Return issued to Hon. Peter Gyenden and that also issued to Sen. Napoleon, as their elections were null and void and their votes being wasted votes.
It has further ordered INEC to issue a Certificate of Return to Fom Dalyop Chollom of the Labour Party, while granting the Alternative Reliefs sought by Rt. Hon. Simon Bako Lalong.
PWAJOK (SAN)
in their reactions to the Judgments in separate on-the spot interviews, Edward Pwajok (SAN), Counsel to the Petitioners, and Fom Dalyop, both commended the Tribunal for the Judgments and while Pwajok (SAN) advised PDP to obey Court Judgments in the future, Fom promised to serve the people of his constituency as he had promised them before and during the elections.
FOM
Fom said, “I now believe that, the Court is truly the last hope of the common man”.
The Appeal No: CA/J/EPT/PL/HR/04/2023, filed by Hon. Peter Gyengdeng Ibrahim, challenging the decisions of the National/ State houses of assembly tribunal sitting in Jos plateau State, has been dismissed by the Court of Appeal (CoA) Abuja Division for being devoid of merit.
Respondents in the Appeal were Fom Dalyop Chollom, the Labour Party LP(), INEC and the Peoples Democratic Party (PDP).
The Court of Appeal in its Judgment delivered on the 31st of August, 2023, affirmed the decisions of the National and State Houses of Assembly Tribunal for Plateau State sitting in Jos, Plateau State.
The Court held that, the allusion made by Counsel to the Appellant to the breach of the right of the Appellant to fair hearing by the lower Court were baseless and totally misconceived.
Adding that, “Rather, it was the Counsel to the Appellant who wanted to draw a fast one on the other parties in the matter.
‘It must be understood that, the doctrine of fair hearing is not a “one way traffic concept” for the benefit of the party who first parrots it.
“It is not an abstract term available to a party at all times and in all circumstances,
“It means fairness to all the parties and fairness to the Court—Okorocha Vs Herwa Ltd (2000)”
In part the Court of Appeal held that, “This Appeal is totally devoid of merit and it is hereby dismissed. The decisions contained in the Rulings of the National and State Houses of Assembly Tribunal for Plateau State sitting in Jos, delivered in Petition No: EPT/PL/HR/01.2023 by Hon. Justice B. M. Tukur, Hon. Justice Omaka Elekwa and Hon. Justice O. A. Adetujoye on the 11th of July, 2023 are affirmed.
“The 1st and 2nd Respondents are awarded the cost of this Appeal assessed at N100,000.00 each.
“These shall be the order of the Court”.
You would recall that, this an appeal against the decisions contained in the Rulings of the National and State Houses of Assembly Tribunal for Plateau State sitting in Jos delivered in Petition No: EPT/PL/HR/01/2023 by Hon. Justice B. M. Tukur, Hon. Justice Omaka Elekwo and Hon. Justice O. A. Adetujoye on the 11th of July, 2023.
The 1st and 2nd Respondents commenced the action in the lower Court by a Petition filed on the 17th of March, 2023, challenging the return of the Appellant by the 3rd Respondent as the winner and member Elect for the office of House of Representatives for Barkinladi/Riyom Federal Constituency of Plateau State in the General Election held on the 25h of February, 2023.\
The 3rd Respondent the Appellant and the 4th Respondent were the 1st to the 3rd Respondents respectively to the petition in the lower Court and they filed their separate responses to the petition.
The Appellant was the sponsored candidate of the 4th Respondent in the election and the Appellant and the 4th Respondent were represented by different Counsel.
In the course of hearing of the petition, and when it was time for the Appellant and 4th Respondent to lead evidence in support of their respective defences, Counsel to the Appellant informed the lower Court that, the Appellant and 4th Respondent had a common witness and that as such, the Appellant will rest his defence on the Petitioners’ case, as well as, the documents already tendered and further rely on the evidence of the witness to be called by the 4th Respondent.
The Appellant and the 4th respondent also relied on the same list of documents in their respective replies.
The witness adopted the said word for word written statement on oath he deposed to on the 25th of April, 2023, in support of the Reply of the Appellant and gave evidence on the documents already tendered from the Bar by Counsel to the Appellant.
At the close of the evidence in chief of the witness, issues arose as to the order of cross-examination of the witness, whether he could be cross examined by the Counsel to the other respondents before the Counsel for the Petitioner, and on the right of Counsel to the Appellant to cross examine the witness.
The lower Court took arguments from Counsel to the parties on the issues and it delivered a considered Ruling.
It should be reiterated that, the Appellant was the 2nd Respondent on the Petition.
Dr. Khalid Ishiak, the Acting Director-General (D-G) of the National Agricultural Seeds Council (NASC) has reiterated that, Potato is a very important crop and Nigeria needs to also align with the world in potato production.
He said, NASC is ready to support this drive by ensuring quality seeds are available, while supporting the budding potato seed industry.
Dr. Khalid Ishiak the Acting Director-General of the National Agricultural Seeds Council said this in a goodwill message at the launch of the National Potato Strategy, held at Crispan Hotel, Jos, Plateau State on the 7th September, 2023.
The event, according to the Acting D-G, marks a significant milestone in the development of potato production in Nigeria.
Adding that, “The competence and capacity of GIZ, CIP and its other partners to anchor the programme to deliver the anticipated result was never in doubt. NASC as a regulatory agency for the Seed Industry in Nigeria is proud to align with the Potato Strategy group to see to the successful delivery of expected result as far as the strategic road map for development of Potato is concerned”.
DEMONSTRATION OF TRANSPLANTING POTATO SEEDLINGS FOR ACTING DG
The D-G took time to commend the Honorable Minister of Agriculture and the Permanent Secretary of the Ministry for the passion and articulation for championing the innovation, with the ultimate aim of attaining food security aspiration of Mr. President.
He pledged that, “NASC will not leave any stone unturned till a virile potato sector in Nigeria is achieved by ensuring that quality potato seeds are available to farmers”.
Earlier, a Director in the Federal Ministry of Agriculture and Food Security, Engr. Abdullahi Garba Abubakar in his opening remarks emphasized that, the National Potato Strategy that is launched was borne out of the collaborative efforts between the Federal Ministry of Agriculture and Food Security, German Cooperation’s Global Programme Green Innovation Center for the Agriculture and Food Sector-Nigeria” (GIAE), in a solid regulatory and legal framework which would profit the actors in the Potato Industry”.
You would recall that, the National Potato Strategy (NPS) 2023 to 2028 is a one-stop document offering insights into the challenges, opportunities and strategies on repositioning the Nigeria Potato value chain to become an effective and commercially viable industry in the continent and global stage at large.
The essence of the strategy is to ensure sustainable food and nutrition security with a view to catalyzing the rapid transformation of the Nigerian potato sub- sector into a major exporter of its products. The development of the 2023-2028 Nigeria National Strategy was made possible by the generous by the generous financial support from GIZ’s Global programme “Green Innovation Centers’ for the Agriculture and Food Sector-Nigeria” (GIAE), and the Global Potato Value Chain working Group (GPVCWG) initiative, technical support and guidance from the International Potato Center (CIP) Nairobi Kenya.
Mr. Chike Uwechia, the Complainant/Defendant to the Cross-Complaint filed by Dr. Jacob Sunday in Civil Case No: CMC/CR49/2023 has been granted bail by the Chief Magistrate Court of Plateau State sitting at West of Mines Jos, the Plateau State capital.
The Court, while granting the application for his bail moved by his Counsel, Uche Okeze (Esq) and refusing the opposition to his bail on personal ground moved by the Counsel to the Cross-Complainant (Dr. Sunday) said that, his condition for bail is N500,000.00, with a surety of a person, who is resident within the Jurisdiction of the Court.
From the face of the process filed before the Chief Magistrate Court, the application for the issuance of the Cross-Complaint was brought pursuant to Section 379 of the Plateau State Administration of Criminal Justice Law, 2018.
In the application, the Cross-Complainant (Dr. Jacob Sunday) disclosed that, he is a Medical Practitioner and that the Complainant/Defendant to the Cross-Complaint Mr. Chike Uwechia is a businessman within the Jurisdiction of the Court.
Also, in the Particulars of the Cross-Complaint, the Cross-Complainant told the Court in part that:
The 2nd Defendant/Cross-Complainant was fraudulently deceived by the Defendant to Cross-Complaint who was aided and abetted by one Uche Okeze (Esq), into issuing his cheque on the promise that it was not to be presented and just for formalities, which he issued.
Despite the misrepresentation that the cheque was never to be presented, the Defendant to Cross-Complainant via Uche Okezie (Esq) into post-dating the cheque to be presented in May, 2022 knowing the legal implication.
Little did the Cross-Complainant knew that, the Defendant to Cross-Complaint had the malicious intent of presenting the cheque.
To fulfill the sinister mission, the Defendant to Cross-Complaint after criminally deciding to present the cheque against all oaths, intentionally and willfully refused to present the said cheque within the timeframe indicated on the cheque, with full knowledge of legal consequences of such action.
Subsequently and in a malicious turn of events, the defendant to Cross-Complaint, turned round to use the planned acts and falsely accused the Cross-complainant of providing him with a dishonoured cheque, knowing this to be false and further tarnish the Cross-Complainant’s reputation.
The Defendant to Cross-Complaint did not stop there but in a sudden and calculated malicious prowess, instigated men of Nigerian Police against the Cross-Complainant leading to the Cross-Complainant being wrongfully arrested, detained in the police cell thereby tarnishing his hard earned reputation over false allegation of issuance of dishonoured cheque.
The actions of the Defendant to the Cross-Complaint is characterized by malice, defamation and injurious falsehood, have caused significant harm to the personal and professional reputation of the Cross-Complainant, and many more.
The matter has been adjourned by the Court to the 18th of September, 2023 for Pre-h
Late Mrs. Mary Omeresan Omoshue (Nne Daibo), is to be buried in Koko town, Delta State, on 27th October, 2023. Family members have disclosed.
According to the statement from the family, late Mrs. Mary Omeresan Omoshue, went through a prolonged illness, right after she lost her husband, Asp John A. Omoshue in 2019.
Late Mrs. Mary is survived by Children, Grand-Children, In-Laws and a Brother, Mr. Edward Daibo.
Late Mrs. Mary Omeresan Omoshue (Nne Daibo)
The statement also has it that, one of late Mama Mary’s daughters, Stella Erutase AKene is married to a Jos based Veteran Journalist, Mr. Iroroakpo Emmanuel Akene.
According to the statement, the families of Omoshue and Akene received with great shock, the passing on of late Mrs. Mary.
“DEATH” they say is a necessary end that comes in pains and sorrows; The families of Omoshue and Akene received with great shock, the passing of our Octogenarian, Mrs. Mary Omeresan Omoshue (Nne Daibo), who passed away, on 24th July, 2023, at her family residence in Ughelli Town , Delta State, Nigeria.
“Late Mrs. Mary Omeresan Omoshue, can best be described as a role model we pray to God to Grant her Eternal Rest”. The statement stated in part.
