A nongovernmental and nonpolitical group ‘The Plateau State Christian and Muslim Interfaith Group’ has cautioned the judiciary over the consequences of conflicting court judgements in the State. The group also sighted for instance the conflicting judgements delivered by Justice William Rotimi Olamide and M. B Tukur of the National and State Assembly Election Petition Tribunal which accroding to them almost took the state into another round of bloodshed but for God’s intervention.
The group made this known while addressing a Press Conference in Jos the Plateau State Capital on Saturday 28th October, 2023. Leaders of the group Imam Othman Abdullahi and Evangelist Joshua J. Ringsum drew attention to the conflicting judgements delivered by the Court of Appeal in a matter between Labour Party against PDP, PRP against PDP for the Plateau North Senatorial District and Jos North/Bassa Federal Constituency which according to them “…dropped the biggest shocker and delivered a judgment which legal luminaries described as all time goofed and only yesterday, the Appeal Court again Nullified the election of the Member representing Mikang/Shendam/Quan’pan In the National Assembly and ordered INEC to withdraw the certificate of Return from him and issue it to the APC Candidate”.
They express concerned that despite that fact that the issues of nomination and sponsorship of candidates have been firmly established by the Supreme Court “…we are at loss that the Appeal Panels for Plateau State petitions seem to be heeding to the plea of some interests and desperate politicians seeking the removal of Plateau elected members by whatever means.
They sighted a similar case in where Tarfaya Asarya of the APC challenged the victory of Dr Madala Balami of the PDP on the grounds that the PDP in Borno State was in disobedience of a Supreme Court Judgement. The Appeal Court in Abuja presided over by Justice Chioma Nwosu-Iheme ruled that under section 285(1) of the 1999 constitution as amended, the tribunal has a specific jurisdiction to only determine whether or not anyone was validly elected.
They stressed that “Justice Chioma said that the scope of the jurisdiction conferred on the Tribunal by the Constitution cannot be expanded to include the determination of the validity of the conduct of primary election or nomination of candidates by political parties.”
“The Appeal Court further held that the appropriate Place to challenge the nomination, sponsorship or qualification of a candidate, including the disobedience of Court Order by a Political Party, is the Federal High Court, not the Tribunal or Appeal Court or any other Court.”
“Justice Chioma affirmed the judgment of the Tribunal in Borno that said the issue of nomination, sponsorship, and qualification of candidates, including disobedience to Court Orders are pre election matters that can only be challenge at the Federal High Court. This and other decisions from the Supreme Court on nomination and sponsorship of candidates as pre-election matter must also come to bear.” They added.
They further asked “Why is it that the decision involving Plateau petitions different?”
They said that “Consequently, we find it necessary to warn that the contradictory and conflicting judgments being issued by the election petition tribunals leading to the sacking of elected persons could boomerang into an uprising in Plateau State.”
“We are also calling with a loud voice on the National Judicial Council (NJC) to give special focus on panels handling Plateau petitions so as to avoid the state the unnecessary tension on account of contradictory and conflicting judgments dispensed to erode the popular mandate of the people through technicalities.”
They added that “We hold strongly firm that it is not fair for the judiciary to decide winners of elections.”
They concluded with the following prayers;
“1. We are calling on desperate politicians to give peace a chance on the Plateau.”
“2. We are calling on Appeal Court and the judiciary to desist from employing technicalities and twisted judicial logic to upturn the popular decisions taken by the people of Plateau State in general elections.”
“3. We are calling on the Appeal Court and the judiciary to stop the sacking of persons popularly elected during the last elections in Plateau State.”
“4. We are calling on the Court of Appeal and the judiciary to as a matter of concerned not to drag us into another conflict on the Plateau.”
“5. We are calling on all Plateau people to remain law abiding and not to take the law into their hands.”.
Nigeria Star News 