End Time For PDP In plateau state

5th October, 2023

 

 

THE CHIEF JUSTICE OF NIGERIA

AND CHAIRMAN, NATIONAL JUDICIAL COUNCIL

THREE ARMS ZONE

FCT, ABUJA

 

SIR,

 

RE: PETITION AGAINST HON. JUSTICE B.M TUKUR, HON. JUSTICE OMEKA ELEKWA AND HON. JUSTICE O.A ADETUJOYE FOR DELIBERATE PERVERSION OF JUSTICE AND CONSPIRACY TO REMOVE CANDIDATES OF OUR PARTY ELECTED TO PARLIAMENT

 

The above refers.

 

Our attention has been drawn to a purported Petition with the above caption written by the Peoples Democratic Party (PDP) dated 15th September, 2023 and signed by the Chairman and Secretary of the Plateau State Chapter of the PDP.

 

As interested parties who also sponsored candidates in the 2023 General Election in Plateau State, we are obligated to put the records straight as it is very shocking and surprising to us. This is also very clear from the content of the Petition written by the PDP against the Learned Judges of the Election Petition Tribunal in Plateau State as can be seen, no exact action of the jurists capable of perverting Justice was pointed out by the PDP aside the fact that the Judges delivered Judgments. No procedural error was pointed out to show bias, lack of fair hearing or descending into the arena of conflict.

 

PUTTING THE RECORDS STRAIGHT

 

The Judgments delivered by HON. JUSTICE B.M TUKUR, HON. JUSTICE OMEKA ELEKWA AND HON. JUSTICE O.A ADETUJOYE is in line with 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 for disrespect, continuous violation and disobedience to the Judgments and Orders of Court.



Well, like it is said, "time reveals". But it is worrisome that the PDP are making storms 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 to sponsor candidates and that of 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 (LP), Peoples Redemption Party (PRP) and the All Progressives Congress (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 in Plateau State 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:

 

1. Certified True Copies of the Judgment in Suit No. 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 Political Structure is part of the Electoral Process a Political Party must fulfil.

 

2. Certified True Copies of Judgment Between: PDP v Plateau State Independent Electoral Commission (PLASIEC) in Suit No. PLD/J/250/2021. Since PDP failed to obey the Order in the first case, the PLASIEC excluded PDP from participating in the Local Government Elections for not complying with the Orders of Court. The PDP filed the above case against PLASIEC and lost. PDP appealed this case to the Court of Appeal and lost on the ground that they are in disobedience to Court Order and when the PDP further appealed to the Supreme Court, they abandoned the Appeal and the Supreme Court dismissed the Appeal on the 7th December, 2022 for want of diligent prosecution.

 

3. Certified True Copies of the Judgement of the High Court of Plateau State in Suit No. 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.

4. Certified True Copies of the Ruling of the High Court of Plateau State in Suit No. 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.

 

5. Certified True Copies of the Judgement of Election Petition Tribunal in EPT/PL/HOR/01/2022 - 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 February, 2022 and PDP won the Bye election. But due to lack of structure, the Tribunal in that case sacked Musa Agah of the PDP and installed Alkali of the PRP.

 

6. Certified True Copies of the Judgement of Election Petition Tribunal in EPT/PL/HOA/02/2022 - 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.

 

7. Certified True copies of Judgement of the Court of Appeal in CA/J/EPT/PL/NA/HOA/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.

 

8. Certified True Copies of Judgement of the Court of Appeal in CA/J/EPT/PL/NA/HR/215/2022 - 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 and the Court of Appeal among other things 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 thse 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.

 

The PDP also contended and relied on the case of one Augustine Timkuk vs. PDP & ORS, wherein they mislead the Federal High Court Jos Division by presenting the purported INEC report dated 25th September, 2021. The Federal High Court however, declined jurisdiction to hear the matter and when the matter went on appeal, the Court of Appeal Jos Division also decline jurisdiction to hear the Appeal but affirmed the decision of the Federal High Court declining jurisdiction to hear the matter.

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 whatsoever 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 the 25th September, 2021, is only an obiter dictum (a by the way statement not a binding decision). A Court cannot make a valid pronouncement on the substantive case once it declines jurisdiction.

 

On the whole, the Tribunal’s decision in Judgments delivered by HON. JUSTICE B.M TUKUR, HON. JUSTICE OMEKA ELEKWA AND HON. JUSTICE O.A ADETUJOYE, sacking PDP  Candidates from National and State Assemblies is therefore well founded in law and facts; PDP has not complied by conducting Congresses after the Judgments of Courts of Appeal Jos Division delivered on the 28th October, 2022 in Appeals No. CA/J/196/2021 - Between: Musa Agah V. Adamu Muhammed Alkali and CA/J/EPT/PL/NA/HOA/216/2022 Between Peter Da'an Dasat Vs. INEC & Others.

 

There is no responsible and disciplined High Court or Election Petition Tribunal that will go contrary to the decisions of the Court of Appeal based on the hierarchy of the Courts in Nigeria and principle of Judicial Precedent/stare decicis as this will amount to Judicial Rascality.

As for the other Panels who decided to set aside the Judgments of the Court of Appeal in disregard to the doctrine of judicial precedent and hierarchy of Courts in Nigeria manned by the following:

 

PANEL TWO (2)

 

i. Hon. Justice William R. Olamide (Chairman)  

ii. Hon. Justice Emmanuel N. Nwibo Ph.D (Member 1) 

iii. Hon. Justice Mohammed Mohammed (Member 2)

 

GOVERNORSHIP

 

i. Hon. Justice Rita Irele-Ifijeh (Chairman)

ii. Hon. Justice Sunday Olorundahunsi (Member 1)

iii. Hon. Justice Ambo Yakubu John (Member 2)

 

We humbly request that you use your good office to investigate their action, which was an afront on the Court of Appeal and reprimand them for such rascality.

 

Finally, it must be understood that equity will not suffer a wrong to be without remedy. PDP cannot perpetually remain in disobedience of valid Judgments and Orders of Courts and expect to benefit from the same Courts.

 

Find attached, copies of the Judgments referred to above.

 

Yours faithfully,

 

 

…………………………..………​​​​​…….……………..………………….

Hon. Grace Zamfara​​​​​Comrade Bulus A. Kaze

(Chairman, Labour Party ​​​​​(Secretary, Labour Party

Plateau State)​​​​​​​Plateau State)​​​

 

Cc

 

1. President of the Court of Appeal

Court of Appeal Complex

FCT, Abuja

 

 

 

 

 

2. Hon. Justice B.M Tukur

Chairman Panel 1, National and States Assembly

Election Petition Tribunal, Plateau State.

 

 

 

3. Hon. Justice William R. Olamide

Chairman Panel 2, National and States Assembly

Election Petition Tribunal, Plateau State.

 

 

 

4. Hon. Justice Rita Irele-Ifijeh

Chairman Governorship Election Petition Tribunal,

Plateau State.

 

 

 

5. Hon. Chris Hassan

PDP Chairman, Plateau State

 

 

 

6. Hon. Rufus Bature

APC Chairman, Plateau State

 

 

 

7. Hon. Rabiu Lawan

PRP Chairman, Plateau State