Democracy is interpreted to be a system of government constituted by majority. It represents the wishes and will of the people. Democracy in Nigeria has developed through what many have described as ‘hell-and-high-waters’, given the multiple military interventions that largely fractured the democratization process.
Despite these, the Judiciary which was been acclaimed to be the last hope of the common man has participated in reshaping the democratization process since 1999. Many have argued that the Judiciary has rescued the Nigerian democracy while others are of the view that the Judiciary has done more harm by handing down certain judgments. Only few years into the return to democracy, Nigerians woke up to the ‘Supreme Court Governors’ .
Recently in Plateau, Plateau State Independent Electoral Commission (PLASIEC) conducted Local Government Elections in the seventeen local government areas of the state without the main opposition, the Peoples Democratic Party (PDP). They justified the exclusion of the PDP siting a letter written to the commission by a Law Firm alleged to be connected to one of the contenders of the PDP State Chairmanship position. The letter drew attention to a subsisting judgement delivered by a State High Court, presided over by His Lordship Justice S.P Gang.
Of recent, there have been words in some quotas that ruling All Progressives Congress (APC) is unwilling to go into the polls with the main opposition Peoples Democratic Party (PDP), adding that the exclusion of the PDP from the Local Government Polls was a test-run of what is to come.
Members of the ruling APC are rumoured to have alleged insinuations that the main opposition PDP will not be on the ballot come 2023. Many have wondered at the audacity of the APC Members since there was no known litigation against the candidates of the PDP in Plateau.
It appears that the APC establishment wants to take political opportunity to muscle undue political advantage of any intra party legal processes within the opposition PDP to achieve their goal.
Recently, details emerged of a legal pre-election case within the PDP instituted by one of the Aspirants of the party in Langtang North-North State Constituency, one Augustine Timkuk Dandam Vs PDP, INEC and others with suit no. FHC/J/C5/64/2022. A development which remained unknown to the defendants in the suit – the Independent National Electoral Commission (INEC), the Peoples Democratic Party (PDP) and others until September 2022, three months later. The case was reported to have been filed on 3rd June, 2022 9:25am, at the Federal High Court in Jos by the claimant. However, the claimant also went ahead to file another case seeking same reliefs and against same parties with suit no. at the PLF/J275/2022 of the same 3rd June, 2022. This action is considered criminal according to the Plateau State Penal Code 2017. The offence is referred to as ‘Perjury’ and is punishable by law with a seven-years sentence and an additional fine of One Hundred and Fifty Thousand Naira (N150,000) only when one is convicted.
The claimant who is known as one Augustine Timkuk Dandam had in the suit also attached an Affidavit-of-Non-Multiplicity-of-Action where he swore under oath on item 3 of the affidavit that “I know that there is no pending suit before any court initiated in respect of the defendants conduct of the Primary Elections of the 2nd Defendant.” He went further in item 4 to state that “I undertake not to initiate any other proceedings relating to the subject matter of this suit during the pendency of this suit.”.
Considering these facts, one of the defendants on the suits, Nannim L. Joseph through his counsel ‘Peace Attorneys and Notary Public’ instituted a Direct Criminal Complain with suit no. DCR/WMJ/CMC/56/2022 alleging that the actions of Augustine Timkuk Dandam contravened sections 118, 120, 123 and 126 of the Plateau State Penal Code Law 2017.
The claimant in the Criminal Complain Suit also alleged political interference and an attempt to aide Criminality in the Judiciary by the Plateau State Government through the office of the Attorney General of the State who suddenly requested to takeover the prosecution of the intra party case from the claimant without invitation in a case that is yet to come up for mentioning. Questions are already being asked as to the sudden and swift move by the Plateau State Attorney General in this unmentioned case. As at the time of filing in this report the calls placed to the Attorney General of Plateau State have not received any response.
The claimant and observers are wondering if truly the State Government is trying to take undue political advantage by shield Augustine Timkuk Dandam from being prosecuted for perjury, or could it be that the suspicion of sponsorship from forces outside the PDP exists?
Could this be the grand plan to exclude the PDP in Plateau State in 2023? These questions and many more are begging for answers…to be continued.
Nigeria Star News 