Diverse Judgements of Election Petition Tribunals in Plateau

Three election petition tribunals are sitting in Plateau State, each with three judges as panelists. Their judgements have been diverse as some elections have been upheld while others are quashed on the same ground raising questions as to whether the laws have different interpretations. Seriki Adinoyi writes.

The recent ruling of the Plateau state governorship election petition tribunal which affirmed the victory of the Governor of the state, Caleb Mutfwang, has not only raised the hope of some members of the Peoples Democratic Party (PDP) whose elections were recently quashed by the tribunal on the ground that the party has no valid structure, it has also affirmed that a party has no business prying into pre-election matters of other parties.

Delivering the judgement penultimate Friday, the three-man tribunal led by Justice Sunday Olorundahunsi unanimously affirmed Mutfwang’s election, noting that the PDP has a solid structure that produced its governorship candidate in the March 18, 2023 governorship election.

It also held that it (the tribunal) lacks jurisdiction to entertain the petitioners’ challenge of the repeated congresses by the PDP as they (petitioners) are busybodies and meddlesome interlopers who should not have any business with PDP congress as it is entirely the business of the PDP.

Justice Olorundahunsi said, “No matter how dissatisfied another party feels on the conduct of another party’s congress or primaries, it must keep mum as it is not a member of that party. Such a person (party) therefore, lacks the locus standi to challenge such a congress or primary election”.

The tribunal also said the PDP has a valid structure in the state, noting that the APC had admitted in its petition that the PDP repeated its congress after an earlier one that was faulted, adding that, “what is already admitted needs no further proof; the APC has admitted in its petition that the PDP repeated its congress.”

The tribunal said it is of the view that the PDP conducted a repeat congress in 2021, and therefore has a solid structure.

One would have thought that there is nothing novel about the tribunal ruling considering that even the Supreme Court had ruled along the same line on similar matters in the past, but recent judgements in Plateau state in which elections of some PDP lawmakers have been nullified on the same ground that the party has no valid structure will make the entire scenario confusing.

One wonders how the same PDP structure that was considered solid and valid to have produced a governorship candidate in the person of Caleb Mutfwang, and also valid to have produced the Minority Leader of the Senate, Senator Simon Mwadkwon, becomes invalid to produce Senator Napoleon Bali whose election was upturned and victory given to the former Governor of the state, Hon Simon Lalong.

APC had challenged the victory of PDP candidates in the state on the ground that the party had no valid structure that produced them as candidates.

Justice Olorundahunsi, in the tribunal judgement also said despite the wild allegations by petitioners, there was no evidence to show that the election was not lawfully held as petitioners failed to tender another result to contest the one declared by the Independent National Electoral Commission (INEC) which they claimed was not authentic.

He also observed that there were so many errors and inconsistencies by the petitioners’ expert witness under cross-examination that “even a Primary 6 pupil would do better in his basic arithmetic”, and such errors and inconsistencies are signals for the tribunal to take the evidence of the witness with a pinch of salt and to treat him with caution.

He said, “The petitioners also presented a witness who admitted she was a polling unit agent, but admitted under cross-examination in the case of Jos North that the signature on the polling unit result is not her’s. The evidence is thereby expunged by the tribunal.”

On all grounds brought before it by the APC, the tribunal ruled that it had no basis to nullify the election, seeing that the petition “is a wild goose chase and is bound to fail.”

Justice Olorundahunsi therefore ruled that, “The petition is hereby dismissed.”

There are three tribunals sitting in Plateau; one is the Governorship tribunal, the other two are State and National Assemblies tribunals. But the arrangement is such that each of the Assembly tribunals has both National and State Assemblies cases.

The panel of the National and State Houses of Assemblies tribunal led by Hon Justice M.B. Tukur believes that PDP has no valid structure in the state, it also probably believes that the APC has the right to probe into pre-election matters in the PDP. It was on that ground that it quashed the election of Senator Napoleaon Bali who defeated former Governor of the state, Simon Lalong in the Plateau South Senatorial election.

The tribunal also nullified the elections of some PDP members of House of Representatives including Hon. Peter Gyendeng, Hon. Dachung Musa Bagos, and Hon. Beni Lar representing Riyom/Barkin Ladi, Jos South/Jos East, and Langtang North/Langtang South federal constituencies respectively. It also nullified the elections of some House of Assembly members elected on the platform of the PDP for the same reason that the party has no valid structure.

It must be noted here that Justice M B Tukur didn’t get unanimous rulings, its two versus one; while two of the judges agreed that APC has the right to question the structure of the PDP, one declined.

The third tribunal, led by Justice Mohammed Mohammed in its ruling unanimously upheld and affirmed the election of the Minority Leader of the Senate, Senator Simon Mwadkwon representing Plateau North in the National Assembly, who was also elected on the platform of the PDP.

It also upheld the election of Musa Agah representing Bassa/Jos North federal constituency in the National Assembly who was also elected on the platform of the PDP.

Justice Mohammed’s panel also believes that APC has no business prying into pre-election matters of the PDP since it is not a member of the party. It said: “The petitioners lack the necessary locus standi to challenge the nomination and sponsorship of the candidates seeing that its pre-election matter which can only be entertained at the Federal High Court, and only aspirants who contested primaries with the candidates that are in a position to seek such redress.”

The discordant tunes from the tribunal have set confusion in Plateau state that can only be settled by the Appeal court. The Court of Appeal must be warming up to tell the world whether or not the PDP has a valid structure and also convince Nigerians and the electorate on whether the APC has the right to nose into the pre-election matters of the PDP.

But the PDP has insisted that it has valid structure that produced its candidates. State chairman of PDP, Mr. Chris Hassan said there was an initial claim of some irregularities raised regarding the party’s congress which led to a court judgement urging it to repeat the process which it has duly complied with through a repeat congress in September 2021, which was monitored by the Independent National Electoral Commission (INEC) as legally required. This congress was validated by the Federal High Court in Jos and the Court of Appeal in Jos.

He said, “This same congress was affirmed by the Federal High Court, Jos in a judgment delivered by Hon Justice D. V. Agishi in the case of one Augustine Timkuk vs PDP validating the State Executive of the party as duly elected and this same judgment was also unanimously affirmed by the Court of Appeal Jos in favour of the PDP by Hon TY Hassan, Hon Justice I. A.  Andenyangtso and Hon Justice O O Goodluck delivered on 11th February 2023. The fact remains that PDP has a valid and solid structure through which our mandate was given.”

The party affirmed that it has a valid and solid structure in the state through which the people’s mandate was given, and therefore described the rulings by the Justice Tukur tribunal as baseless and politically procured.

Hassan said, “Consequently, we have asked our lawyers to take the mandate of the Plateau people as their right of appeal to the Court of Appeal to reflect the wishes of the electorate. This will of the people, as freely expressed by electing Senator Napoleon Bali, Hon Peter Gyendeng, and others must be respected. As a law-abiding party, we will explore all available legal means to restore the victory of the PDP.”

On its part, the All Progressives Congress (APC) in the state has also rejected the judgement of the Governorship Elections Petitions Tribunal which affirmed Mutfwang’s election.

In a statement issued by the State Publicity Secretary of the party, Mr. Sylvanus Namang, the APC said the party has instructed its team of lawyers to appeal the judgement immediately, describing it as a temporary setback.

Namang appealed to party members and supporters to remain calm, peaceful, and law-abiding despite the outcome of the judgement against their party’s governorship candidate, Dr. Nentawe Yiltwatda.

He said: “The APC in the state has never been under any illusion that the journey towards reclaiming its mandate at the Gubernatorial Tribunal is going to be an easy task. From the onset, we knew it would be painstaking and tortuous.

“We are, through our very capable team of lawyers, just as they have already indicated, going to test the strength and veracity of today’s judgment at the Appeal Tribunal which we believe we shall emerge victorious given the severity of the loopholes contained therein.

 “We have several instances in our judicial system where judgments at the Court of First Instance (the tribunal) are upturned by the Appeal Tribunals and Supreme Court respectively.

“Today’s judgment by the Tribunal is therefore, a temporary setback which we believe we shall emerge victorious in the long run to continue to provide good governance to Plateau people based on the rule of law, fairness, and justice which is totally lacking under the present PDP-led administration.”