Tuesday, 30 January 2024

JUST IN: KINDLY NOTE THAT PDP IS ON THE BALLOT--- ACTING LEGAL ADVISER (READ FULL STATEMENT)

FROM THE OFFICE OF THE ACTING LEGAL ADVISER, PEOPLES DEMOCRATIC PARTY (PDP) PLATEAU STATE.

TAKE NOTICE that the rumour making the rounds insinuating that the PEOPLES DEMOCRATIC PARTY (PDP) is Excluded from the RERUN Elections for Jos North/Bassa Federal Constituency & Plateau North Senatorial District IS NOT TRUE but the usual misrepresentation of facts and implantation of mischief targeted at misinforming and demoralizing the general public.

The Order of the FEDERAL HIGH COURT being circulated DID NOT exclude PDP IN ANYWAY.

The order of the Court of Appeal simple is straightforward that ALL PARTIES (including PEOPLES DEMOCRATIC PARTY (PDP) shall participate in the rerun election.

NASARAWA: GOV. SULE PROMOTES AGRICULTURE, MAKES FERTILIZER AVAILABLE AND AFFORDABLE TO FARMERS IN THE STATE

By Wilson Bako (Lafia),

Nasarawa State Government has reaffirmed its commitment to the promotion of Agricultural activities in the state through the provision of farm inputs at a subsidized and affordable rate to farmers in the state.

The state Governor, Engineer Abdullahi Sule, disclosed this in Lafia the state capital on Tuesday at the flag-off of sales of fertilizer for this year’s dry season farming in the state.

He said in line with this policy, the fertilizer would be sold at a subsidized rate of #12,000 per bag as against the current rate of #21,000 in the market.

Engineer Sule, however, warned those saddled with the responsibility of disbursing the commodity to steer clear of any shoddy deals in the discharge of their assignment that any of them found wanting would face the wrath of the Law.

PLATEAU: PDP, MWADKON, AGAH, AGAINST INEC: FHC HAS NO JURISDICTION BECAUSE THE APPLICANTS FAILED TO INITIATE THE SUIT BY DUE PROCESS---COURT

By: Amb. Valentine Adese (JP),

The Federal High Court, Abuja Division, which declined jurisdiction to entertain the Suit No: FHC/ABJ/CS/26/2024, filed by the Peoples’ Democratic Party (PDP), Simon Mwadkon and Musa Agah, has stated that the reason for declining jurisdiction is because the Applicants failed to follow due process of Law.

The Court Presided over by Hon. Justice Emeka Nwite in his judgment also, stated that the matter is election-related and it is statutory and Sui Generis and same cannot be commenced by way of Prerogative Writ.

From the Certified True Copy (CTC) obtained and signed by Kasope Kafayai Bola, the Registrar of the Court, the Judgment in part states as follows:-

“After hearing the argument of both the Applicants’ and Respondents’ Counsel for and against granting of the reliefs sought by the Applicants, and the Court having given its Ruling/Judgment,

It is hereby ordered as follows:

  1. That election-related matters are statutory and sui generis and same cannot be commenced by way of Prerogative Writ as in this in this case.
  2. That the failure of the Applicants to initiate this suit by due process of the Law has robbed this Honourable Court with the requisite jurisdiction to entertain this suit. See Madukolu vs Nkemilim (1962) 1 SC NILR 341.
  3. That this suit is hereby struck out for lack of jurisdiction.
  4. That this shall be the Ruling/Judgment of the Court.

Issued at Abuja under the Seal of the Court and the Hand of the presiding Judge, this 29th day of January 2024.

Signed: KASSOPE KAFAYAI BOLA

REGISTRAR”

TO BE CONTINUED…

 

PLATEAU RE-RUN ELECTIONS: INEC MUST COME OUT TO CLEAR THE AIR ON JUDGMENTS---PUNDITS

By: Amb. Valentine Adese (JP),

Yesterday, the 29th of January 2024, the Federal High Court, Abuja Division, presided over by Hon. Justice Emeka Nwiete, declined “Jurisdiction” to entertain the Suit No: FHC/ABJ/CS/26/2024, filed by the Peoples’ Democratic Party (PDP) and its candidates, Hon. Simon Mwadkon and Hon. Musa Agah Avia, against the Independent National Electoral Commission (INEC) and 3 others.

The Suit filed by the Plaintiffs was seeking an Order of Mandamus to compel INEC to include PDP’s candidates, Mwadkon and Agah in the Plateau North Senatorial District and Bassa/Jos-North Re-run elections ordered by the Court of Appeal, Abuja Division.

It should be of note that the FHC reached the conclusion of declining Jurisdiction owing to the Preliminary Objection (PO) filed by the Labour Party (LP), the All Progressives Congress (APC), and their candidates, who were later joined in the suit.

With the break of the news in Jos, the Plateau State capital, and with less than Four (4) days to the slated Re-run elections fixed for 3rd February 2024, pundits in the state have begun to call on INEC to clear the air on the participation of PDP in the Re-run elections, as huge speculations have continued to take over the Media and Social Media platforms.

You would recall that in INEC’s Press Release signed by, Sam Olumekun (mni), the National Commissioner and Chairman, Information and Voter Education Committee, dated Wednesday 17th January 2024, the Commission in part stated that:-

“The Re-run elections are conducted pursuant to the Orders of the Election Petition Appeal Tribunals.

“They are not fresh elections open to New/Disqualified candidates which obviates the need to publish their personal particulars again.”

Also, the Resident Electoral Commissioner (REC) in Plateau State, in a Press release had come out to debunk reports alleging that he had said PDP would participate in the coming elections.

TO BE CONTINUED…

Monday, 29 January 2024

BREAKING NEWS: FEDERAL HIGH COURT ABUJA, DISMISSES PDP, HON. MWADKON, HON. AGAH’S CASE AGAINST INEC, AS INEC REFUSES NEW/DISQUALIFIED CANDIDATES

By: Amb. Valentine Adese (JP),

The Federal High Court, Abuja Division has dismissed the case filed by Peoples’ Democratic Party (PDP), its candidates, Hon. Simon Mwadkon, and Hon. Musa Agah, against the Independent Electoral Commission (INEC) in which the Plaintiffs were seeking for an Order of Mandamus for INEC to include their names as PDP candidates in the slated rerun for Plateau North Senatorial District and Jos-North/Bassa Federal Constituency of Plateau State respectively, for want of Jurisdiction. REALITY just gathered.

You would recall that, REALITY had reported that, with Five (5) days to the slated Rerun Election fixed by the Independent National Electoral Commission (INEC) on the 3rd of February 2024, for Plateau North Senatorial District and Bassa/Jos-North Constituency, worries and political tension has continued to characterize the state’s political climate with the pending case.

You would also recall that, from the Motion Expert earlier filed dated 11th January 2024 and moved on the 15th of January 2024 by the Plaintiffs (PDP, Hon. Simon Mwadkon and Hon. Musa Agah) at the Federal High Court Abuja, in suit No: FHC/ABJ/CS/26/2024, the Plaintiffs had sought for an Order of the Federal High Court, granting leave to the candidate of the PDP in the 2023 Plateau North Senatorial District (Mwadkon) and that of Bassa/Jos-North House of Representatives candidate (Agah) respectively, to be included in the slated Rerun elections.

The sole defendant from the face of the Suit you would recall is INEC.

It also remains a fact that INEC had in an earlier Press Release stated firmly that the rerun election would not accommodate New/Disqualified candidates.

In INEC’s Press Release signed by, Sam Olumekun (mni), the National Commissioner and Chairman, Information and Voter Education Committee, dated Wednesday 17th January 2024, the Commission in part stated that:-

“The re-run elections are conducted pursuant to the orders of the Election Petition Appeal Tribunals.

“They are not fresh elections open to new/disqualified candidates which obviates the need to publish their personal particulars again.”

From findings in the state, the tension in the state is high as the election is only 5 days away and the PDP, its members, and supporters are still having their hopes hanging, even though the party has officially flagged off its campaign to garner votes.

REALITY, however, gathered that the All Progressives Congress (APC), the Labour Party (LP), and the People’s Redemption Party (PRP), being the major contending political parties in the slated elections seem not perturbed, over the PDP flagged-off campaign.

REALITY further gathered that the candidates of APC, LP, and the PRP, have rather started applying a house-to-house campaign with little out-door campaign ceremonies.

 

ADVERTORIAL: PUBLIC ANNOUNCEMENT FROM PLATEAU LABOUR PARTY (LP)

I, Honourable Grace Zamfara, Plateau State Labour Party (LP), Chairman on behalf of the party EXCO, Elders, Stakeholders and the entire members, welcome their Excellences, Mr. Peter Obi, LP Presidential candidate in the 2023 general elections and Governor Alex Otti of Abia State, and also Barrister Julius Abure, LP National Chairman, to Plateau State in solidarity to the Re-run campaign of the party’s Plateau North Senatorial  District and Jos North/Bassa House of Representatives candidates, Barrister Gyang Zi and Hon. Daniel Asama.

I hereby call on all LP members and well-wishers to turn out en masse on Tuesday 30th January 2024, by 8.00 am to welcome our August visitors at Yakubu Gowon Airport, Heipang.

Labour Party, forward ever backward never!

Labour Party, Papa Mama Pikin!

Signed:

Hon. Grace Zamfara

LP Party Chairman

Plateau State.

ORDER OF MANDAMUS: PDP, SIMON MWADKON, MUSA AGAH vs INEC: 5 DAYS TO GO

By: Amb. Valentine Adese (JP),

With Five (5) days to the slated Rerun Election fixed by the Independent National Electoral Commission (INEC) on the 3rd of February 2024, for Plateau North Senatorial District and Bassa/Jos-North Constituency, worries and political tension have continued to characterize the state’s political climate with the pending case of the Plateau State chapter of the Peoples’ Democratic Party (PDP), Hon. Simon Mwadkon and Hon. Musa Agah at the Federal High Court, Abuja.

You would recall that from the Motion Expert earlier filed dated 11th January 2024 and moved on the 15th of January 2024 by the Plaintiffs (PDP, Hon. Simon Mwadkon and Hon. Musa Agah) at the Federal High Court Abuja, in suit No: FHC/ABJ/CS/26/2024, the Plaintiffs had sought for an Order of the Federal High Court, granting leave to the candidate of the PDP in the 2023 Plateau North Senatorial District (Mwadkon) and that of Bassa/Jos-North House of Representatives candidate (Agah) respectively, to be included in the slated Rerun elections.

The sole defendant from the face of the Suit you would recall is INEC.

The tension is high as the election is only 5 days away and the PDP, its members, and supporters are still having their hopes hanging, even though the party has officially flagged off its campaign to garner votes.

REALITY, however, gathered that the All Progressives Congress (APC), the Labour Party (LP), and the People’s Redemption Party (PRP), being the major contending political parties in the slated elections seem not perturbed, over the PDP flagged-off campaign.

REALITY further gathered that the candidates of APC, LP, and the PRP, have rather started applying a house-to-house campaign with little out-door campaign ceremonies.

TO BE CONTINUED…

Sunday, 28 January 2024

NASARAWA: ONE YEAR AFTER, NIGERIAN AIR FORCE ADMITS RESPONSIBILITY FOR AIR STRIKE IN DOMA LGA

By: Wilson Bako (Lafia),

One year after the air strike in Akpanaja Community in Doma Local Government Area (LGA) of Nasarawa State Nigeria that claimed 37 lives, the Air Force has finally taken responsibility.

The Chief of Air  Staff, Air Vice  Marshall Hassan Abubakar, who led other senior officials of the Air Force, during a courtesy visit on Friday, to Governor Abdullahi Sule in Lafia, the state capital, admitted responsibility for the misfortune.

Air Vice Marshall Abubakar explained that last year’s airstrikes were carried out in the state following an intelligence report of sighting what he called Suspected Terrorists on motorbikes in Rukubi, in Doma Local Government Area of the state.

He said the area was known for its heightened insecurity, occasioned by killings, kidnapping, and terrorism perpetrated by terrorists in the state, while stating that, “This called for an airstrike”.

He, however, expressed regret that such an airstrike was later discovered to have wrongfully targeted innocent and law-abiding citizens.

Responding, Governor Abdullahi Sule, thanked Air Vice Marshall Abubakar, for the visit and assured him that he (Sule) would be magnanimous in victory.

SANITATION EXERCISE: NASARAWA STATE GOVERNMENT COMMENDS TRADITIONAL RULERS

By: Wilson Bako (Lafia),

Nasarawa State Government has commended the role being played by Traditional Rulers in the state in showing active participation in ensuring the cleanliness of the state during the monthly sanitation exercise.

The State Commissioner of Environmental and Natural Resources, Hon. Yakubu Kwanta, who made government feelings known on Saturday, expressed delight that the Emir of Lafia and Chairman Nasarawa State Traditional Council, Justice Sidi Bage, personally went around to ensure strict compliance with the exercise by his people.

He said the Emir’s gesture served as a morale booster as well as encouragement in ensuring full participation in the cleanliness by the people.

While expressing satisfaction with the level of compliance during the exercise, Hon. Kwanta however, said that one cannot rule out a certain percentage of some people who did not participate in the general cleanliness.

The Commissioner said he has contacted the leadership of commercial motorcycles, Keke Napep riders, among others on the need to educate their members to ensure full compliance during the monthly sanitation.

He warned that violation of the exercise comes with stiff penalties of fines. He therefore advised the people of the state to adhere strictly by keeping their environments clean at all times.

Tuesday, 23 January 2024

Plateau State House of Assembly: THE UNTOLD DEVELOPMENT ON COURT ORDER---Investigation

By: Amb. Valentine Adese (JP),

It is a fact that the Plateau State House of Assembly’s 8 Members resumed sitting today, the 23rd of January 2024, after its two-month recess.

It is also a fact that the threat by the sacked 16 Peoples’ Democratic Party (PDP) Members to besiege the sitting at the Old Government House Rayfield was fulfilled by them.

But, their efforts was botched by security operatives.

However, what was not made public to the citizens of the state is the actual content of the alleged Order of the Court presented to the Speaker by the 16 sacked Members.

From investigation by REALITY and on the face of the document tendered by the 16 sacked Members, the relief to restrain the Sixteen Honourable Members-elect from their swearing-in was not granted.

Secondly, the Federal High Court of Nigeria, Jos Judicial Division, which sat and heard the Experte Application of the sacked Members on Monday 22nd of January 2024, refused reliefs 1 and 2 of the Application filed by sacked PDP Members to restraint the swearing-in of the Sixteen Honourable Members-elect in suit No: FHC/1/CS/03/2023, between PDP and Speaker, Plateau State House of Assembly & 18 ORS (Defendants / Respondents).

REALITY finding indicates that the Court has also adjourned the matter to 26th February 2024.

SEE OTHER PAGES OF THE RULING OF THE COURT BELOW:

MORE TO COME…

Sunday, 21 January 2024

PLATEAU: REASONS WHY THE 2024 STATE BUDGET ESTIMATE IS HIGHER THAN 2023. HON. COMMISSIONER, CHRYSANTHUS DAWAM, EXPLAINS

By: Reuben Egba,

The Hon. Commissioner of the Plateau State Ministry of Budget and Economic Planning, Hon. Chrysanthus Dawam has explained that, Plateau State 2024 Budget Estimate is higher than that of 2023 because, the Green Cap administration being led by Governor Caleb Manasseh Mutfwang (Esq) is poised to implement a budget that would impact positively in the lives of citizenry.

The Commissioner who gave this explanation during 2024 Budget Breakdown at the Conference Hall of the Cabinet Office, Jos, on the 19th January, 2024 said, “My dear citizens of Plateau State , it may interest you to note that the 2024 approved estimate is higher than the 2023 budget with One Hundred and Sixty-Four Billion, Nine Hundred and Three Million, Eight Hundred and Thirteen Thousand, Nine Hundred and Sixty-Two Naira (N164,903,813,962.00) only, reason being that the present administration is poised to implement a budget that could impact positively in the lives of citizenry”.

According to him, “The Plateau State Government’s (PLSG) budget was prepared against the backdrop of challenging domestic economic environment. This prevailing environment is characterized by:

  1. Slow Economic Growth.
  2. Persistent inflationary pressure promoting the inherent negative impact on markets of goods and services.
  3. Constraint Investment Spending.
  4. Supply-Chain disruption of essential commodities, and
  5. Rising political tension, including the insurgency attacks and banditry with severe implications on food and energy prices”.

Hon. Chrysanthus Dawam further added that, “The Time is Now administration under the able leadership of His Excellency, the Executive Governor of Plateau State, Barr Caleb Manasseh Mutfwang tagged the Budget as, “Budget of New Beginning”, is aim at laying a solid foundation for the peace and prosperity of the state and will be anchored on the Seven Point Thrust of the Green Cap Administration”.

The Ministry explained that the Government being led by Governor Mutfwang under the 2024 state Budget has the intention of addressing the security challenges the state is facing.

The Commissioner said, “Similarly, the intention and desire of the government is to address the current security challenges of the state as well as infrastructural and human capital development deficit within available resources.

“Again, to ensure that government revenue is judiciously managed, government has mandated all revenue generating MDAs to synergize and ensure that accountability and transparency is observed in all the processes”.

According to the Budget Breakdown, the Plateau State 2024 budget has a size of Three Hundred and Fourteen Billion, Eight Hundred and Fifty-Five Million, One Hundred and Forty-Eight Thousand, Five Hundred and Fifty-Three Naira (314,855,148,553.00) only.

This amount consist of a Recurrent Estimate of One Hundred and Sixty-Two Billion, Three Hundred and Twenty-Five Million, Seven Hundred and Thirty-Three Thousand, Five Hundred and Sixty-One Naira (N162,25,733,561.00) only.

Representing 51.55%  of the total budget size and  capital estimate of One Hundred And Fifty- two Billion, Five Hundred and Twenty -Nine Million, Four Hundred and fourteen thousand, Nine Hundred and Ninety- two Naira(52,529,414,992.00) only representing 48.44% of the total budget size.

The total budget indicates an increase of One Hundred and Sixty- Four Billion, Nine Hundred and Three Million, Eight Hundred and Thirteen Thousand, Nine Hundred and Sixty-Two Naira(16,903,813,962.00) only over the 2023 approved budget estimate.

Friday, 19 January 2024

PLATEAU STATE HOUSE OF ASSEMBLY: SPEAKERSHIP DRAMA COMING

By: Amb. Valentine Adese (JP),

As the petition against the election that brought Governor Caleb Mutfwang (Esq) has been settled by the Supreme Court of Nigeria, and the Executive Arm in the state has resumed work fully, the Legislative Arm is gearing up to resume its crisis of Leadership.

Pundits in the state are of the views that the Speakership position in the House of Assembly may become the new issue for political struggle.

They are of the views that the current Speaker of the House, who has been on recess since 21st of November 2023, may not have the clot to manage the coming contest as he is a minority among the 24 member Assembly.

Pundits who spoke to this paper on this issue have also expressed surprise that the Speaker, Rt. Hon. Gabriel Dawan, who is of the YPP had continued to hold the position despite the presence of 7 Lawmakers of the All Progressives Congress being led by Hon. Joe Bukar, who is a more experienced state Lawmaker.

REALITY gathered that nocturnal meetings have commenced on this issue through last week to fine tune a political solution to the leadership issue by the APC that has majority of the members.

MORE TO COME….

PLATEAU JUDICIARY BRIEF: COURT STRIKES OUT APPLICATION FOR JOINDER FILED BY 17 TIC CHAIRMEN AND AGAIN, ADJOURNS SUIT NO: PLD/J25/2023, TO 9TH FEB. FOR DEFINITE HEARING

By: Amb. Valentine Adese (JP),

Plateau State High Court Presided over by Hon. Justice Samchi has struck out the Application for Joinder filed by the 17 Local Government Transition Committee (TIC) Chairmen in the state in suit No: PLD/J257/2023, filed by the suspended Executive Chairmen of the Local Government Councils.

The Court struck out the Application after it was formerly withdrawn by Longji (Esq) a state Director of Civil Litigation, who also doubles as he Counsel to the Speaker of the Plateau State House of Assembly and the Plateau State House of Assembly, being the 3rd and 4th Defendants in the suit.

Earlier before his withdrawal, the Court was drawn to take Judicial Notice by Tob Kekemeke (Esq), Counsel to the Claimants that the 8th Applicant for Joinder, Hon. Daniel Kume had earlier applied to be joined personally in the suit as the TIC Chairman of Mikang Local Government Council (LGC) and his Application was refused and dismissed by the Court for lack of merit.

Kekemeke (Esq) also informed the Court that he had personally intimated the Counsel to the Applicants of the Court ruling and order on the said application.

Longji (Esq) Counsel to the 3rd and 4th Defendants, withdrew the Application after getting the hint from Court.

The Court during its sitting today also deemed the Counter Affidavit filed by the 3rd and 4th Defendants dated the 16th of January, 2024 and filed same day in opposition to the Originating Summons (OS) filed by the Suspended Chairman, as duly filed and served.

Owing to the development, the Counsel to the Claimants, Tob. Kekemeke (Esq) had requested for only One day to reply.

Before adjourning the matter to 9th February for a definite hearing, the Counsels in the matter have all agreed and as a commitment before the Court not to file any further process again.

Monday, 15 January 2024

PLATEAU: FINALLY, SEN. JONAH D. JANG (RTD) MAKES POLITICAL HISTORY, INSTALLS GOVERNOR

PLATEAU: FINALLY, SEN. JONAH D. JANG (RTD) MAKES POLITICAL HISTORY, INSTALLS GOVERNOR

By: Amb. Valentine Adese (JP),

The political history of Plateau State has recorded another celebrated incident as the struggle by political elites in the state to be the first to install a governor of their choice in the state and after their administrations have now been settled with former Governor Sen. Jonah D. Jang, becoming the first to achieve that feat.

The struggle by political elites in the state to achieve this feat predates 1999 but became very obvious with the return of Democratic Governance in Nigeria in 1999.

GOV. CALEB OF PLATEAU STATE

The 2023 Governorship election of Plateau State saw a huge part of the struggle as former Governors of the State came into the center stage to express and defend their interest.

With Governor Caleb Mutfwang (Esq) of the Peoples’ Democratic Party (PDP), a Party dear to the Heart of Sen. Jang now in the saddle, many have began to see the shadow of Sen. Jang and his quest to develop the state in Mutfwang (Esq), and this they believe would also be the priority of his administration.

More to come….

Sunday, 14 January 2024

DR. PATRICK DAKUM CONGRATULATES MUTFWANG (ESQ) ON HIS VICTORY AT THE SUPREME COURT

By: Amb. Valentine Adese (JP),

Plateau Labour Party (LP) Governorship candidate in the 2023 general elections, who also is the Chief Executive Officer (CEO) of the Institute of Human Virology Nigeria (IHVN), Dr. Patrick Sunday Dakum has congratulated Plateau State Governor, Caleb Mutfwang (Esq), on his victory at the Supreme Court.

In his congratulatory message signed by his Media Consultant, Mr. Shabul Mazadu, and made available to REALITY, Dr. Dakum hailed the Governor as the undisputable elected Governor of the state in the 2023 Plateau State Governorship election.

As a responsibility, Dr. Dakum called on the Governor to put Plateau State first as a priority.

DR. DAKUM

“Responding to the Apex Court’s verdict, Dr. Dakum, a former Plateau State Commissioner of Health and Information, called on Mutfwang to put Plateau’s interest above all other considerations to move the state forward, and to be magnanimous in victory by carrying everybody along irrespective of political party, religious and ethnic inclination”. The message stated.

Dr. Dakum reminded the Governor that nothing defeats so easily, as impractical methods of approaching issues and flouting campaign promises hence, admonished him (Governor Caleb), “to put in his best and fulfill his electioneering campaign promises to the citizens of the state”.

MR. SHABUL MAZADU

While wishing him a successful tenure, Dr. Dakum took time in his message to pray for divine wisdom, knowledge, and understanding on Mutfwang, as he settles down in earnest, for the profuse task of dishing out governance to the citizens of the state.

EDITORIAL: THE SUPREME COURT JUDGMENT ON PLATEAU: THE REFLECTIONS AND THE LESSONS FOR LEGAL LUMINARIES/JUDGES

Once again, the Supreme Court of Nigeria (SCN) has demonstrated that completing school can never be compared to experience on the job. It has also as a Court of Law and Policy, reiterated and re-vibrated the policies of the Court to the other Courts below.

The Supreme Court took the Judgments delivered on the 12th of January 2024, involving 7 states’ Governorship political tussles, which included that of Plateau State, to reestablish that the issue(s) of Congresses, Primaries, Nominations and Sponsorships of Candidates by a Political Party, can only be determined by the Federal High Court (FHC) of Nigeria and not the State High Courts, while frowning at the Tribunals and the Court of Appeal for assuming Jurisdiction in the matter, especially as it concerned Plateau State elected officers at all levels.

This therefore informs Nigerians and the Legal Community that education alone cannot hold without experience.

A quick reflection on the development of the case of lack of alleged lack of STRUCTURE and Non-Compliance to Court Orders would speak volumes on this in Plateau State.

  1. The Plateau State High Court presided over by Hon. Justice S. P. Gang, assumed Jurisdiction over the matters arising from the Plateau State chapter of the Peoples’ Democratic Party (PDP) Congress in 2020, and at the end he delivered Judgment which nullified the State Congress and gave specific Orders. He never knew that he had no Jurisdiction.
  2. Justice Boniface Ngyo, presided over another Plateau State High Court in Pankshin and also assumed Jurisdiction over the same Congress issues of the PDP. The Judge granted an Order to stop the repeated Congress and finally nullified the Congress. He never knew that he had no Jurisdiction.
  3. The Plateau State Independent Electoral Commission (PLASIEC) and all its Legal Advisers stopped the PDP from Contesting Local Government Council (LGC) elections in the entire 17 Local Government Areas (LGAs) of Plateau State, relying on the Orders of Justice S. P. Gang and the Advisers also never knew that the Judge had no power to grant such Orders as he never had the Jurisdiction to hear the matter before him in the first place.
  4. Strangely, the Chief Judge of Plateau State did not put Jurisdiction into consideration and place in his consideration when he assigned the suit of PDP challenging the power(s) and action(s) of PLASIEC to Hon. Justice I. Kunda, who later became the presiding Judge in the matter.
  5. Justice Kunda, and all the Legal Teams that appeared before him, throughout the hearing of the case never raised the issue of Jurisdiction. They dealt with every other legal issues, but Jurisdiction.
  6. The Federal High Court, Jos Division, also bowed to this non-knowingness, when it ruled that it does not have the Jurisdiction, to entertain the same Congress issue when brought before it. It rather upheld the reasoning of the Legal Team of the PDP that it lacks Jurisdiction as there was an abuse of Court processes as raised in the Preliminary Objection in the suit.
  7. The Court of Appeal, Jos Division, also celebrated the faulty lines as currently exposed by the Supreme Court, when it assumed Jurisdiction and not only upheld the decisions of the FHC and the Plateau State High Court but went ahead to Sack elected State and National officers of the PDP.
  8. The issues of the Tribunal and the Court of Appeal Abuja Division are still fresh in mind as the Supreme Court delivered in its 12th January Judgments.
  9. The above issue(s) and the surrounding circumstances call on Legal Luminaries in practice to study the Law to avoid this form of careless interpretation in the future.
  10. All though the wrongs and rights have been acknowledged, we call on all persons and political parties to obey the Judgments, while those responsible for moving and improving the country’s Laws and Electoral Act should begin the processes of amending the existing ones to meet up with the Supreme Court’s “Lecture Notes”.

 

Thursday, 11 January 2024

PLATEAU JUDICIARY BRIEF: AGAIN, COURT ADJOURNS THE HEARING OF THE 17 SUSPENDED LGC CHAIRMEN ORIGINATING SUMMONS TO 19TH JAN. 2024

By: Amb. Valentine Adese (JP),

Plateau State High Court presided over by Hon. Justice Samchi has re-adjourned the hearing of the Originating Summons (OS), Suit No: PLD/J257/2023, filed by the 17 Suspended Local Government Council (LGC) Chairmen of Plateau State, to the 19th of January 2024, for a definite hearing.

This is to allow the Speaker of the Plateau State House of Assembly and the State House of Assembly, being the 3rd and 4th Respondents, to respond to the Further and Better Affidavit filed by Governor Caleb Mutfwang (Esq) and the Attorney-General of the State, being the 1st and 2nd Respondents, respectively.

The Court in its sitting yesterday before reviewing its ruling had ordered the commencement of the hearing of the Originating Summons, while refusing the application for adjournment filed by the Counsel to the 1st and 2nd Defendants to the suit.

“On the 22nd of December, 2023 Counsel to the 1st and 2nd Defendants was in Court when the date was given and they heard the order of Court that the matter is for definite hearing, but have chosen to reap life out of it.

“The Counsel merely decided that they will not come to Jos today and this is self-imposition and their reasons speculative.

“The 1st and 2nd Defendants are represented by a team of Counsel and could be split in situation like this. Unfortunately, when the team of the 1st and 2nd Defendants would benefit from the wisdom of the team all of them decided to go to the Supreme Court thereby creating a disadvantage for the Court and the other parties.

“I must agree with Kekemeke (Esq) that, Order 35 Rule 4 (2) of the rules of Court commands that the written address of Counsel who are absent but duly filed can be deemed.

“I refuse the application for adjournment by the 1st and 2nd Defendants”. The Court ruled.

The Court also refused the application for adjournment of Longji (Esq) a Director of Civil Litigation, who entered appearance for the 3rd and 4th Defendants to enable him react to all the amended processes filed by parties in the matter since he has just come into the matter.

In its ruling and refusal of the application of Longji, the Court agreed with Tob Kekemeke (Esq) that the 3rd and 4th Defendants have been served within time as ordered by the Court and that the Court’s record also shows proof of service on the 22nd December, 2023 as ordered and that the claim by the Counsel that they have not been served was not true.

“The reasons for the application for adjournment by the 3rd and 4th Defendants are not tenable, as the record of Court shows that they were served”. The Court held.

You would recall that the Court had on 22nd December 2023, adjourned the matter to 10th January 2024, for a definite hearing of the Originating Summons.

Tuesday, 9 January 2024

BREAKING: GOV. CALEB vs. DR. NENTAWE (GOV-ELECT): SUPREME COURT HAS RESERVED JUDGMENT DAY

By: Amb. Valentine Adese (JP),

The Supreme Court of Nigeria (SCN) has reserved Judgment day on the Appeal filed by the Governor of Plateau State Caleb Mutfwang (Esq), who is challenging the decision of the Court of Appeal, Abuja Division, which sacked him from office and in his place, Dr. Nentawe Yilwatda Goshwe, as Governor-Elect, to a date that, would be communicated to Counsels in the matter.

The Court however, after listening to the submissions of all Counsels in the matter, has reminded and declared that the last day for the life span of the case is 16th January, 2024.

DETAILS COMING…   

BREAKING: COURT OF APPEAL, JOS DIVISION, ADJOURNS FEDERAL GOVERNMENT CASE AGAINST SEN. JONAH JANG TO 20TH FEB. 2024

By: Amb. Valentine Adese (JP),

The case between the Federal Republic of Nigeria (FRN) against, Sen. Jonah Jang and Yusuf Pam, over alleged criminality and looting of Plateau State funds while in office has been adjourned to the 20th of February 2024 for hearing.

The case No: CA/J/25/C/2023 filed by the FRN was adjourned today, after the Motion for Extension of Time to file the Appellant’s Brief was moved by, O. S. James (Esq), Counsel to the Appellant and granted by the Court as the Respondents/Defense Counsels raised no objection.

Although Sen. Jang was not in Court in person, John Odidi (Esq) held the brief of his Counsel, Prof. Mike Ozekhome (SAN), while Elizabeth Ogah (Esq) appeared for Yusuf Pam (the 2nd Respondent/Defendant).

MORE DETAILS COMING….  

Monday, 8 January 2024

PLATEAU GOVERNORSHIP HEARING, ONE DAY TO GO: THE POLITICAL MARKETING BEFORE TODAY

By: Amb. Valentine Adese (JP),

With one day and a few hours left to the hearing of the Appeal filed by the Governor of Plateau State at the Supreme Court of Nigeria, challenging his sack from office by the Court of Appeal, Abuja Division, the All Progressives Congress (APC), the Peoples’ Democratic Party (PDP), the Political Leaders and Mentors in both Political Parties, Party Supporters, and other Big Wigs in the Political space have created strategies to speak to the citizens in the state to support their course, one way or the other.

The marketing strategies which took effect immediately the Supreme Court fixed the date for hearing is observed by REALITY from the contending parties for the Governorship seat in the state.

The alleged political strategies include moves to mutiny the citizens to start allege recalls on incumbent Representatives, Senators and even Members of the State House of Assembly, going to speculations and exposures of alleged corruption by the former and incumbent administrations in the state.

These moves and public allegations REALITY gathered from pundits in the state that it is aimed at garnering the needed supports not only from party faithful, but the citizens of the state entirely.

REALITY also observed that the strategies also enabled both the PDP and the APC to explore and explain to the citizens on the correct position of the Governorship case before the Supreme Court and what they perceived happened at the Court of Appeal, while fixing the missing links.

For the PDP, the case of Governor Mutfwang against Dr. Nentawe of the APC at the Supreme Court are, but not limited to the followings:

  1. Dr. Nentawe Goshwe and APC challenged Governor Caleb Mutfwang’s victory at the Election Tribunal on the allegation that he was not qualified to contest the election because according to them, he was not validly nominated by the PDP since it had no ‘structure’.
  2. Governor Caleb Mutfwang won at the Tribunal and the APC Petition was dismissed, but the Court of Appeal set aside Gov. Caleb Mutfwang’s victory on the alleged ground that the Governor was not qualified to contest the election, having not validly sponsored by his party (PDP).
  3. The Court of Appeal held that PDP had no structure in Plateau State and therefore lacked the competence to sponsor Governor Caleb Mutfwang. The Court also held that PDP was in breach of an Order of the Court that directed it to conduct congress to elect its officers in the Wards, LG As and State in Plateau State, when in fact no order existed.
  4. Governor Caleb Mutfwang now at the Supreme Court contends that the Order of Court was obeyed with the conduct of the Congress on 21st September 2021, as found by the Tribunal, and even if the Order was not obeyed, the alleged disobedience does not form a ground for challenging his election. Reference on this is made to Section 134 of the Electoral Act 2023 which provides the grounds on which the Governor’s election can be challenged. None of the grounds includes disobedience of Court Order.
  5. Further on the impossibility of challenging the Governor’s election based on the allegation of invalid nomination and sponsorship, the Governor refers to judgments of the Supreme Court which holds that a Petitioner, having admitted invalid nomination and sponsorship, invariably admits sponsorship.
  6. On the allegation of lack of structure, the Supreme Court in the case of Oni v. Oyebanji (2023) 13 NWLR (Pt. 1902) held that even if a Political Party has a questionable leadership, its competence to nominate or sponsor a candidate cannot be questioned.
  7. Governor Caleb Mutfwang is praying the Supreme Court to allow his appeal, set aside the judgment of the Court of Appeal, affirm the judgment of the Tribunal and return him as the winner of the election as declared by INEC.
  8. The Supreme Court has held in many cases that the issue of nomination and sponsorship of a candidate are internal party matters. In this case, Governor Caleb Mutfwang cannot be challenged by his opponent, as in the case of Nentawe and APC because it only concerns members of the same party with the Governor! Also, the issue of nomination and sponsorship of candidates are pre-election matters that can only be challenged in a regular Court before elections.

The APC slamming back at the submissions of the PDP to the public by questioning and explaining, but not limited to the followings:

  1. That, at the Supreme Court, Governor Caleb must show that the Plateau State chapter of the PDP has a Structure and that the chapter conducted the ordered Congresses by the Courts since 2020.
  2. It is also the responsibility of the Appellant (Caleb) to show and prove that no injunction was issued to stop its State Congress of 25th September 2021, by a Competent Plateau State High Court on the 23rd of September, 2021.
  3. The fact before the Court of Appeal is that: “On 23rd September 2021, the Exco members of Kanke Local Government and some of the Exco members of Ampang East and Dawaki Wards, brought an Order of Interlocutory Injunction from the High Court of Plateau State, Holden at Pankshin, seeking to restrain Senator Tunde Ogbeha and the Caretaker Committee, as well as, the People’s Democratic Party (PDP) from conducting the State Congress.
  4. The Appellant (Caleb) need to make efforts to convince the Supreme Court why the party (PDP) ignored the Order.
  5. Therein in the record been transferred to the Supreme Court there is a deposition that holds that, “after a careful study of the Motion on Notice fixed for hearing on the 9th day of November 2021 at Plateau State High Court in Pankshin, the Legal Advice the Appellants obtained was that they can proceed with the Congress without running foul with the Law”.

It is of note that the Appellant and the Respondents have already filed their various Brief and Arguments at the Supreme Court and the hearing is fixed for 9th January, 2024.

 

 

Saturday, 6 January 2024

PLATEAU: PEACE FOUNDATION VISITS ATTACKED COMMUNITIES, EXPRESSES CONCERNS OVER DEVASTATION, DONATES RELIEF MATERIALS

By: Amb. Valentine Adese (JP),

The Gideon and Funmi-ParaMallam Peace Foundation has joined other concerned organizations and Non-Governmental Organizations (NGOs) to visit some communities in Plateau State that came under heavy attacks by gunmen on 24/12/2023 being the 2023 Christmas Eve.

Dr. Gideon ParaMallam, who led a team of his Peace Foundation to Bokkos Communities to sympathize with the people on Friday expressed concern over the level of devastation in the communities.

ParaMallam, also visited the Internally Displaced Persons (IDPs) who were camping at different locations including those at the COCIN Church in Bokkos and donated some relief materials to them including mattresses, bags of grains among other food stuffs.

Speaking with Journalists ParaMallam said, “We have come here to Bokkos and we have seen and heard from the people. The attacks in Bokkos villages have been very devastating. The loss of lives and the degrading of human dignity has been very painful.

“Our Peace Foundation came to make a call for peace, to appeal to the people of Bokkos for restraints.

Dr. Gideon ParaMallam, who led a team of his Peace Foundation to Bokkos Communities

“We have also come to see things for ourselves so that we can promote the cry for Justice for the people of Bokkos.

“Our Peace Foundation believes in peace building that is predicated on justice.

“That useless narrative that goes around that makes it look as if it is Bokkos people, who have been fighting and killing themselves is a complete fallacy and a lie. Bokkos People are not killing themselves. “We have talked with them and heard from them and I believe that our visit will not only throw more light on what Bokkos people have gone through but to encourage Nigerians to rise in unison to condemn the terrorism that took place on Christmas Eve and right after that.

“The only way to bring peace to Bokkos Communities is to return them back to their communities”.

You would recall that it has been reported that, apart from over 25 communities in Bokkos Local Government Area (LGA), the gunmen also attacked other communities in Barkin Ladi and Mangu LGAs and killed over 150 persons, while properties worth millions of naira were destroyed, more than Ten Thousand villagers were said to have been displaced during the attacks.

Some of the affected communities included: Mangur village, Mbar, Tangur, Bokkos Central, Butura, Mushere, Matellem village, Dung village, Yelwa village among others.

In another development, the new Sector Commander of Operation Safe Haven in charge of Bokkos, Lt. Col. Isaac Indiorhwer, has allayed fears of any fresh attack in the communities and assured that they were doing everything possible to restore peace in the trouble communities.

The Commander gave this assurance on Friday when the President of Gideon and Funmmi ParaMallam Peace Foundation visited the Command’s Headquarters in Bokkos, after a tour of the troubled communities

He also dismissed the claim that troops had abandoned the troubled communities

The Commander said, “Today (Friday) is making Ten days since I was deployed to Bokkos. We have been patrolling the communities. It’s only today (Friday) that we did not go out. We have also been engaging the communities. In fact, we will have a meeting with the Chairman and other stakeholders tomorrow.

“I can assure you that the next news story you will be getting is that peace has returned to Bokkos and other communities in Plateau state”

 

Friday, 5 January 2024

PLATEAU: THE CASE OF MUTFWANG AGAINST NENTAWE AT THE SUPREME COURT: PDP FINALLY BREAKS SILENCE OVER STATUS

By: Amb. Valentine Adese (APC),

The Plateau State chapter of the People’s Democratic Party (PDP) has finally broken its silence over the case between Governor Caleb Mutfwang (Esq) and the candidate of the All Progressives Congress (APC) Dr. Nentawe Yilwatda Ghoshwe, owing to the frequent questions been asked by citizens of the state on the status of the PDP.

In a very long piece written by the PDP made available to REALITY, the Party made it clear that the chapter in Plateau State had a leadership tussle but that this was caused by the painful loss of the 2019 Governorship Election, and that the APC in the state has been peddling untruthful information about the status of the Party in the state.

According to the Party, “Following the painful loss of the 2019 Governorship Elections, many party faithful were displeased with the leadership of the then Chairman, Hon. Damishi Sango, and pressurized him to resign. After much resistance, Mr. Sango resigned and a Caretaker Committee headed by the then Organizing Secretary, Hon. Gwot Chocho was appointed to run the affairs of the PDP”.

Concerning its case at the Tribunal, Court of Appeal, Abuja Division, and the Supreme Court, the PDP explained that:

  1. Dr. Nentawe Goshwe and APC challenged Governor Caleb Mutfwang’s victory at the Election Tribunal on the allegation that he was not qualified to contest the election because according to them, he was not validly nominated by the PDP since it had no ‘structure’.
  2. Governor Caleb Mutfwang won at the Tribunal and the APC Petition was dismissed but the Court of Appeal set aside Gov. Caleb Mutfwang’s victory on the alleged ground that the Governor was not qualified to contest the election, having not validly sponsored by his party (PDP).
  3. The Court of Appeal held that PDP had no structure in Plateau State and therefore lacked the competence to sponsor Governor Caleb Mutfwang. The Court also held that PDP was in breach of an Order of the Court that directed it to conduct congress to elect its officers in the Wards, LG As, and State in Plateau State, when in fact no order existed.
  4. Governor Caleb Mutfwang now at the Supreme Court contends that the Order of Court was obeyed with the conduct of the Congress on September 21st, 2021 as found by the Tribunal, and even if the Order was not obeyed, the alleged disobedience does not form a ground for challenging his election. Reference to this is made to Section 134 of the Electoral Act 2023 which provides the grounds on which the Governor’s election can be challenged. None of the grounds includes disobedience of Court Order.
  5. Further on the impossibility of challenging the Governor’s election based on the allegation of invalid nomination and sponsorship, the Governor refers to judgments of the Supreme Court which hold that a Petitioner, having admitted invalid nomination and sponsorship, invariably admits sponsorship.
  6. On the allegation of lack of structure, the Supreme Court in the case of Oni v. Oyebanji (2023) 13 NWLR (Pt 1902) held that even if a Political Party has questionable leadership, its competence to nominate or sponsor a candidate cannot be questioned.
  7. Governor Caleb Mutfwang is praying the Supreme Court to allow his appeal, set aside the judgment of the Court of Appeal, affirm the judgment of the Tribunal and return him as the winner of the election as declared by INEC.
  8. The Supreme Court has held in many cases that the issue of nomination and sponsorship of a candidate are internal party matters. In this case, Governor Caleb Mutfwang cannot be challenged by his opponent, as in the case of Nentawe and APC because it only concerns members of the same party with the Governor.

Also, the issue of nomination and sponsorship of candidates are pre-election matters that can only be challenged in a regular Court before elections.

READ THE FULL PIECE BELOW:-

FREQUENTLY ASKED QUESTIONS ABOUT THE CASE OF PDP IN PLATEAU STATE

The APC in Plateau State has been peddling untruthful information about the status of PDP in Plateau State.

HERE IS THE TRUTH!

Is it true that the PDP in Plateau State has had a leadership tussle? Yes!

Following the painful loss of the 2019 Governorship Elections, many party faithful were displeased with the leadership of the then Chairman, Hon. Damishi Sango, and pressurized him to resign.

After much resistance, Mr. Sango resigned and a Caretaker Committee headed by the then Organizing Secretary, Hon. Gwot Chocho was appointed to run the affairs of the PDP.

That PDP validly held its repeat congress on the 25th of September, 2021 and the said Congress was monitored by INEC whose report was tendered in evidence.

Before the election of August 9, 2020, a party Chairmanship Aspirant, one Bitrus Kaze went to Court to challenge the Chocho-led Caretaker Committee.

On November 26, 2020, Justice Gang ruled in favor of Hon. Bitrus Kaze and ordered that the Chocho-led Caretaker Committee be dissolved to pave the way for a fresh congress.

Due to a lot of Court cases arising from the 1st Congress, the stakeholders of the party on their own agreed to dissolve the Chris Hassan-led EXCO elected from the 1st Congress and appointed a Caretaker Committee led by Senator Tunde Ogbeha which conducted a Fresh State Party Congress on September 25, 2021, in which Hon. Chris Hassan re-elected as Chairman.

Was this repeat Congress duly monitored by INEC?

Yes! INEC submitted its report titled ‘’Comprehensive Report of Repeated Congress of the People’s Democratic Party’’ dated 25th September 2021.

Did Bitrus Kaze who challenged the Chocho-led Caretaker Committee participate in the Repeat Congress? Yes he did.

He polled 186 votes as against Hon. Chris Hassan’s 1,526 votes. Hon. Bitrus Kaze congratulated Hon. Chris Hassan and was also at the Swearing in of the EXCO together with his supporters like Lt. Gen. J.T. Useni and Hon. Damishi Sango.

Has there been any Court Case against this Repeat Congress of September 25, 2021? Yes.

In the case of Augustine Timkuk Vs PDP, the APC masterminded this suit to, nullify all PDP primaries in Plateau State. The Federal High Court in Jos dismissed the suit and the Court of Appeal Jos Division affirmed the judgment.

What important findings did the Federal High Court make in Augustine Timkuk’s Case?

That PDP complied with every existing Court Order regarding its State EXCO and therefore was not in disobedience with any Court Order. That PDP validly elected a new State EXCO, following its Constitution, and therefore had the right structure required of a party in place.

Did all the 17 Local Governments participate in the Repeat Congress? Yes.

The 17 Local Government Areas in Plateau State and all Ward EXCOs and ad hoc delegates totalling 1,600 persons participated in the repeat congress. Only the Exco members of 5 Local Government Areas (LGAs), totaling about 85 were excluded for various local reasons.

Where did the repeat congress take place?

The repeat congress of the PDP took place at Langfield Event Centre, Rayfield in Jos South Local Government Area of Plateau State.

Did the JUDGMENT of the Plateau State High Court by Justice SP Gang affect the concluded congresses at the Ward, Local Government or Zonal levels?

No! The judgment of the Plateau State High Court in suit no. PLD/J304/2020 only affected the eligibility of the Chocho-led Caretaker Committee to participate in the 1st Congress which in any case was eventually canceled by mutual consent of PDP Stakeholders to pave the way for the repeat Congress of September 25, 2021, because Bitrus Kaze who was not an EXCO member of the party at any level wrote to PLASIEC (Plateau State Independent Electoral Commission) and demanded the exclusion of PDP.

  1. Does PDP have any judgment(s) that confirmed the repeat congress after September 25, 2021? Yes!

There are two judgments that validated, and confirmed the repeated congress of the PDP. The Judgments are both by the Federal High Court Jos Division and the Court of Appeal, Jos Division. The particulars of the judgments are:

SUIT NO: FHC/J/CS/64/2022: BETWEEN: AUGUSTINE TIMKUK V. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) & 6 ORS (Federal High Court)

APPEAL NO: CA/J/300/2022: BETWEEN: AUGUSTINE TIMKUK V. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) & 6 ORS delivered on the 11th day of February 2023 (This is the most recent judgment that confirmed the congress report of the PDP)

  1. At the Tribunal what are some of the pieces of evidence that PDP tendered to show that PDP did not disobey any court order?

The PDP led evidence and tendered the following documents:

  1. a) CERTIFIED TRUE COPIES COMPREHENSIVE REPORT OF INEC ON THE REPEATED CONGRESS DATED 25TH SEPTEMBER, 2021
  2. b) SUIT NO: FHC/J/CS/64/2022: BETWEEN: AUGUSTINE TIMKUK V. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) & 6 ORS (Federal High Court)
  3. c) APPEAL NO: CA/J/300/2022: BETWEEN: AUGUSTINE TIMKUK V. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) & 6 ORS delivered on the 11th day of February, 2023
  4. d) VIDEO EVIDENCE OF BITRUS KAZE CONGRATULATING CHRIS HASSAN DURING THE REPEAT CONGRESS.
  5. e) EVIDENCE THAT NO LGA WAS EXCLUDED DURING THE REPEATED CONGRESS
  6. f) EVIDENCE OF COMPLIANCE THE JUDGMENT OF JUSTICE SP GANG
  7. g) EVIDENCE TO SHOW THAT PDP HAS A STRUCTURE IN PLACE IN PLATEAU STATE
  8. h) EVIDENCE TO SHOW THAT NO COURT OF LAW HAS NULLIFIED THE REPEATED CONGRESS.
  9. Was PDP in existence in Plateau State as at the time of the conduct of the 2023 general elections? Yes.

The structure of the PDP in Plateau State came into existence on the 25th of September 2021, when the repeated congress was held and no one challenged the congress let alone any court nullifying the repeated congress.

  1. What is the position of the Nigerian Law on the Appropriate Court to determine the validity of Party Congress? Being a pre-election matter, the jurisdiction for all pre-election matters rest with the Federal High Court.
  2. What is the duty of an Election Tribunal and the Court of Appeal thereafter? The duty of the Tribunal and the Court of Appeal is centrally to determine who was validly elected and not to determine the validity of the Congress of PDP because the challenge to the validity of the Congress report can only be activated in a regular court and not at the Tribunal. Thereafter, the Court of Appeal can only decide if the Tribunal was right or wrong.
  3. Were the candidates of the PDP nominated and sponsored by the State Chapter of the party?

By section 50 of the PDP constitution 2017 as amended, it is the duty of the National Executive Committee or National Working Committee of the PDP to nominate and sponsor candidates for all national elections and in the case of Plateau State, all the candidates were validly nominated and sponsored by the national leadership of the party.

  1. Is the National Executive Committee of the PDP that nominated all the candidates of the PDP in Plateau State in disobedience of ANY alleged court order?

There was no evidence anywhere to show that PDP at the national level that sponsored and nominated PDP candidates in Plateau State is in any disobedience of any court order.

  1. What was the basis of the judgment of the Court of Appeal against PDP?

The judgment of the Court of Appeal sacking Plateau State candidates of the PDP was based on an alleged but unproved disobedience to a court order. Evidence, before the Court showed PDP, had complied with every known Court Order.

  1. Did the Court of Appeal refer to the decisions of the Federal High Court and Court of Appeal which favoured the PDP? No!

The Court of Appeal refused to use the evidence of compliance with the judgment of the Plateau State High Court which were all tendered in evidence before the court and no objection was raised as to the admissibility of those documents.

  1. Did PDP in Plateau State breach any law before the 2023 general election? No!

PDP in Plateau State did not contravene any known law before the conduct of the general elections and that is why the names of all the candidates of the PDP were accepted and published by INEC.

  1. Did any member of the opposition party challenge the names of the PDP candidates after same were published by INEC? No!
  2. Did any aspirant who participated in the primary election of the PDP challenge any of the candidates? No!

All the ASPIRANTS of the PDP in Plateau State at the primaries were all satisfied with the process.

  1. Did the opposition tender any court judgment that nullified the repeat congress of the PDP at the trial? No!

Because there is no such judgment in existence anywhere in the world instead, they relied on judgments, and the courts in those judgments only said PDP did not produce evidence to show that it had complied. However, in the present trial, the evidence that was missing in the previous cases was before the court, yet the court refused to use and apply the evidence.

PLATEAU JUDICIARY BRIEFS: LGC CHAIRMEN SUIT: SPEAKER, PLHA YET TO FILE DEFENSE AS ORDERED BY COURT 5 DAYS TO ITS DEFINITE HEARING--INVESTIGATION

By: Amb. Valentine Adese (JP),

Five (5) days to the definite hearing of the Amended Originating Summons filed by the suspended 17 Local Government Council Chairmen of Plateau State, the Defendants Suo Motu joined in the suit are yet to comply with the order of the Plateau State High Court to file their defenses.

You would recall that the Plateau State High Court, presided over by Hon. Justice Samchi, had Suo Motu, directed the parties in the suit to amend their processes to include the Speaker of the Plateau State House of Assembly and the House of Assembly, as 3rd and 4th Defendants since there is a claim against them among the reliefs being sought by the Claimants.

A check by REALITY this morning 05/01/2024, reveals that the two Defendants are yet to file any process regarding the Court Order.

It should be of note that the Governor of Plateau State and the State Attorney General of the State are also Defendants to Suit No: PLD/J257/2023 filed by the suspended Chairmen, as 1st and 2nd Defendants respectively.

The matter is fixed for a definite hearing on 10/01/2024, which is Five (5) days from today, during the last sitting of the Court on 22/2/2023.

Pundits in the state who are conversant with the political development in the state have opined in various interviews with REALITY that the House of Assembly is currently reconfigured in favour of the All Progressives Congress (APC) hence, they would not be challenging the 17 Suspended Chairmen Originating Summons and that this may also be the reason why the two Defendants joined by the Court may not be interested in making any appearance or filing defense against it.

TO BE CONTINUED…

 

Wednesday, 3 January 2024

PLATEAU BRIEFS: 15 APC LAWMAKERS-ELECT ARE SOON TO BE SWORN IN AS THE HOUSE RECESS REMAINS ONLY A FEW DAYS

By: Amb. Valentine Adese (JP),

With the two (2) months recess declared by the Speaker of the Plateau State House of Assembly about running out within the next few days, the stage would soon be set for the formal swearing-in of the 15 Lawmakers-Elect under the All Progressives Congress (APC) on the floor of the House of Assembly.

The long-awaited reconfiguration of the House would see the APC having most of the House Members, with the sack of the People’s Democratic Party (PDP) Lawmakers from the House by the Court of Appeal, Abuja Division, on the ground that they contested the 8th March 2023 election, as Independent Candidate, a status not known to the Nigerian Laws and Constitution.

You would recall that, REALITY had reported that the 15 APC Lawmakers-Elect have been issued their Certificate of Return by the Independent National Electoral Commission (INEC) after tendering their Enrolled Orders as issued by the Court of Appeal, Abuja Division.

Facts are that with the development, there would soon be the emergence of a new Speaker and other Principal Officers of the Plateau State House of Assembly, as the incumbent Speaker who is on recess was elected by the sacked 16 Members of the House under the platform of the PDP and some few APC Members.

From the new reconfiguration of the members, the APC is expected to produce the Speaker and Majority Leader of the House soon.

TO BE CONTINUED…

PLATEAU: SPEAKER/HOUSE OF ASSEMBLY, YET TO FILE THEIR DEFENSE IN SUIT NO: PLD/J257/2023, FILED BY SUSPENDED LGC CHAIRMEN—AN INVESTIGATION

Tuesday, 2 January 2024

SUPREME COURT: 7 DAYS TO THE HEARING OF GOV. MUTFWANG’S APPEAL. DR. NENTAWE URGES COURT TO DISMISS THE APPEAL

By: Amb. Valentine Adese (JP),

Tuesday, the 9th of January 2024, is going to be another historical day for the citizens and politicians in Plateau State as all their attention would be focused on the Supreme Court which would be hearing the Appeal filed by the incumbent Governor of the State, Caleb Mutfwang (Esq) who is challenging the decision of the Court of Appeal which sacked him from office and in his place, Dr. Nentawe Yilwatda Goshwe, as Governor-Elect

You would recall that, REALITY had reported that the Court Appeal Abuja Division’s Judgment, delivered on the 19th of November, 2023, on the Plateau State Governorship election that took place on 25th February 2023, and the decision of the Lower Governorship Tribunal that sat in Jos, Plateau State, are currently on trial, as the Governor of Plateau State, Caleb Mutfwang (Esq) files his Notice of Appeal and Brief of Argument at the Supreme Court of Nigeria.

Since this would be the end of litigation on the election matter, the issue would attracted the attention of Nigerians in Plateau State and others across the world to its possible positive outcome.

It is therefore, going to be a legal battle in which people anticipate superior arguments and persuasions from the Legal Teams representing the parties.

For now, the Court of Appeal has declared Prof. Nentawe Yilwatda, as the Governor-Elect arising from his Appeal against the Judgment delivered by the Governorship Tribunal that sat in Plateau, which had dismissed his Petition and reaffirmed the victory of Mutfwang, as duly elected as Governor of Plateau State.

The Court had also in the Judgment, set aside the Judgment of the Lower Tribunal.

According to the Court of Appeal, the candidates of the Plateau State chapter of the PDP that contested the 2023 general elections, including Governor Mutfwang, stood in the elections as Independent Candidates. The Court further held that “The status is not recognized by Nigerian Laws and Constitution”.

It therefore follows that, at the Supreme Court, Governor Caleb and the PDP would show that the Plateau State chapter of the PDP has a Structure and that the chapter conducted the ordered Congresses by the Courts in 2020.

It is also the responsibility of the Appellants to show and prove that no injunction was issued to stop its State Congress of 25th September 2021, by a Competent Plateau State High Court on the 23rd of September, 2021.

This is because the fact before the Court of Appeal is that “On 23rd September 2021, the Exco members of Kanke Local Government and some of the Exco members of Ampang East and Dawaki Wards, brought an Order of Interlocutory Injunction from the High Court of Plateau State, Holden at Pankshin, seeking to restrain Senator Tunde Ogbeha and the Caretaker Committee, as well as, the People’s Democratic Party (PDP) from conducting the State Congress.

The Appellants also need to make efforts to convince the Supreme Court why the party (PDP) ignored the Order.

This is because, therein in the record been transferred to the Supreme Court, there is a deposition that holds that, “after a careful study of the Motion on Notice fixed for hearing on the 9th day of November 2021 at Plateau State High Court in Pankshin, the Legal Advice the Appellants obtained was that they can proceed with the Congress without running foul with the Law”.

It is of note that the Appellant (Governor Mutfwang Esq) has already filed at the Supreme Court and served his Notice of Appeal and his Brief of Argument.

However, the 1st Respondent, Dr. Nentawe Yilwatda in his reply Brief to the Brief of Argument of Governor Caleb had argued in part as follows:-

“We submit that sponsorship by a political party is a constitutional requirement for qualification under section 177 (c) CFRN and the 1st Respondent’s Petition was sanction by Section 134(1)(a) of the Electoral Act 2022 to approach the Tribunal on this ground, as it is sufficient and manifestly armed with the requisite jurisdiction to hear and determine the issue.

“The Lower Court got it right in finding in favour of the 1st Respondent in allowing the Appeal to sustain Jurisdiction of the Tribunal to entertain same.

“The 1st and 2nd Respondents as the Petitioners demonstrated vide cogent evidence that the Appellant and the Respondent are I breach of Section 177 (c) of the CFRN and thus, unqualified.

“Your lordships are urged to affirm the decision of the lower court in this regard.

“In other words, the failure, refusal and /or neglect of the 4th Respondent to constitute party Exco/Structure in Plateau State in compliance with a valid order of court, robs it any capacity to sponsor a candidate for any election in Plateau State, including that of the office of Plateau State Governor.

“This is because, it is these party Exco that will vote as delegates at the Primary election to sponsor a candidate.

“The contention that National Executives are the ones to conduct Primary Election will therefore not assist the Appellant when there are no delegates to vote.

“We urge your lordships to so hold and dismiss the instant Appeal on this score alone.

“Appellant failed woefully in his attempt to situate every complaint in the Petition leading to the Appeal within the domain of the 4th Respondent internal affairs.

“It is now elementary that where a Constitution or Statute provision or even a Court of Law prescribes a manner by which a thing is to be done, there must be no other way but that prescribed manner except where it lends itself to discretion which is not the case in the instant Appeal by virtue of the relevant statutory and Constitutional provisions earlier cited herein disqualifying the Appellant for non-compliance and indeed Exhibit G1.

“In Exhibit G1, the Court ordered the 3rd Respondent to comply with the provisions of the Constitution and the Electoral Act by conducting Congress, no other way will suffice.

“The Constitution of the Federal Republic of Nigeria 1999 (as amended) has also prescribed that for one to qualify to contest for the office of Governor of a State, he must be sponsored by a political party.

“It is crystal clear that where there is no political party Structure or Organ at the state level, there can be no sponsorship, and where members of that political party fail, refuse or neglect to act against a non-existing political Party Structure before the election, any other candidate at the election can invoke Section 134(1)(a) of the Electoral Act and as it relates to this Petition, Section 177 (c) of the CFRN.

“We urge the Honourable Court to so hold and dismiss this Appeal”.

TO BE CONTINUED….

Monday, 1 January 2024

PLATEAU CHRISTMAS ATTACKS WAS PREMEDITATED, IT IS GENOCIDE—GOV. CALEB MUTFWANG (ESQ)

By: Amb. Valentine Adese (JP),

The Governor of Plateau State Caleb Mutfwang (Esq) has described the Christmas Eve attacks across Bokkos, Mangu, and Barkin-Ladi Local Government Areas (LGAs) of Plateau State as premeditated and coordinated acts of criminality, insurgency, and terrorism.

The Governor emphasized the need to address them as such while refuting the traditional narrative of Farmer-Herder clashes.

He unequivocally labeled the incidents as GENOCIDE.

The Governor in a statewide broadcast press text signed by Gyang Bere, the Governor’s Director of Press and Public Affairs, dated 1st January 2024,  also acknowledged the resilience of Plateau citizens in the face of adversity and expressed confidence that 2024 would bring hope and opportunities in reflection of the inner strength of the people.

The Governor used the New Year broadcast to call on citizens of the state to observe a week of mourning for those who lost their lives in the unprovoked attacks.

The statement in part reads, “Plateau State Governor, Barr. Caleb Manasseh Mutfwang (Esq), has announced a week of mourning from January 1st to January 8th, 2024, in honour of those who lost their lives in the Christmas Eve attacks across Bokkos, Mangu, and Barkin-Ladi Local Government Areas.

“In a statewide broadcast, Governor Mutfwang directed that flags should be flown at half-mast and urged citizens to engage in intense prayers for divine intervention against those perpetrating violence in the state”.

READ THE FULL TEXT BELOW:-

GOV. CALEB (ESQ)

PLATEAU GOVERNOR DECLARES WEEK OF MOURNING FOLLOWING CHRISTMAS EVE ATTACKS; LOOKS AHEAD TO 2024 WITH HOPE

Plateau State Governor, Barr. Caleb Manasseh Mutfwang, has announced a week of mourning from January 1st to January 8th, 2024, in honour of those who lost their lives in the Christmas Eve attacks across Bokkos, Mangu, and Barkin-Ladi Local Government Areas.

In a statewide broadcast, Governor Mutfwang directed that flags should be flown at half-mast and urged citizens to engage in intense prayers for divine intervention against those perpetrating violence in the state.

He specifically appealed to Muslim and Christian leaders to dedicate Friday 5th and Sunday 7th January 2024 respectively for special prayers.

The Governor described the attacks as premeditated and coordinated acts of criminality, insurgency, and terrorism, emphasizing the need to address them as such. Refuting the traditional narrative of Farmer-Herder clashes, he unequivocally labeled the incidents as genocide.

Governor Mutfwang acknowledged the resilience of Plateau citizens in the face of adversity and expressed confidence that 2024 would bring hope and opportunities in reflection of the inner strength of the people.

The Governor highlighted some of his administration’s achievements since his assumption of office, to include efforts to revamp security, clear salary backlogs, and payments of gratuity, death benefits, and pension arrears.

He also announced a fuel subsidy of N10,000 per month for workers from September 2023 to March 2024, pending a federal wage review.

Governor Mutfwang provided updates on the progress of revamping the railway track from Bukuru to Jos, expressing optimism about its commencement by the end of January 2024.

He thanked President Bola Ahmed Tinubu for the prompt response and relief efforts over the security challenges that confronted the state.

The Governor expressed hope  Plateau State’s future, and said he looks forward for the state to become a global destination, drawing parallels with the transformation of Rwanda after years of internal conflicts.

Gyang Bere,

Director of Press and Public Affairs to the Executive Governor of Plateau State, 

1st January, 2024.