Mike Ozekhome reacts to Appeal Court verdict on Senate minority leader, Mwadkon, Rep member Agah…court order all parties to go for rerun without exemption, says Plateau information commissioner
By Daniel Agada, Jos
A Senior Advocate of Nigeria, SAN and human rights crusader, chief Mike Ozekhome has said that the recent Court of Appeal Judgment was characterized by lack of due regard to the law.
Ozekhome made this remarks at the premises of the Plateau State High Court after the adoption of Final Written Addresses of parties involved in a petition filed before the National Assembly Plateau Election Tribunal, Plateau Central Senatorial District.
Recall that on the 22nd day of October, 2023, the Abuja Court of Appeal, dismissed the verdict of the Elections Petitions Tribunal, which upheld the victories of the Senate minority leader, Sen. Dr. Simon Mwadkon of the Plateau North and Hon. Musa Agha Avia, member representing Bassa/Jos North Federal constituency in the National Assembly.
The appeal succeeded on ground that the subsisting court order has not been Substantially complied with and that for the sake of due process, the Plateau North Senatorial District and Bassa/ Jos North Federal constituency elections conducted by the first respondent INEC on February 25th, 2023 was nullified.
The Commission was thereby ordered to conduct a Fresh election between all parties and within 90 days from 22nd October 2023, being the day the judgment was passed.
However, in his submission, Ozekhome said probably the attention of the Appeal Court was not drawn to series of Supreme Court judgments on similar matters. “And when the Supreme Court speaks, the Appeal Court blow mute trumpet. That’s why I said the Court of Appeal’s attention was not drawn to the series of Judgments by the Supreme Court, including that of Monday, 23th October, 2023.
“That of May 2023, between PDP and Kashim Shettima and you are talking of Court of Appeal? I want to believe the judgment was delivered per Incuriam because their attention was not drawn, otherwise they wouldn’t have done what they did because the Appeal Court cannot over ruled the Supreme Court.
“The Supreme Court decision is that you cannot challenge a political party over structure even if doesn’t have the structure. Moreover, PDP has structure.
“The point is that it is wrong to peep into the fence of your neighbor and start challenging him over issues within his domain.
“The Petitioners are not PDP and did not participate in the said primaries. Specifically, APC did not participate in PDP’s primaries for them to have the locus to challenge it and that’s the line of decision. On Monday 23th October, 2023, the Supreme Court also dismissed the case of APM against INEC on this same ground”, Ozekhome said.
Recall also that last Friday, 20th October, 2023, the same Court of Appeal in the Case of Tarfaya Asarya of the APC Challenging the Nomination, qualification and Sponsorship of the PDP candidate Dr. Midala Balami and also challenging the disobedience of the Supreme Court order by the PDP in Borno State; The Court of Appeal sitting in Abuja led by Justice Chioma Nwosu-Iheme held that under section 285(1) of the 1999 Constitution as amended, the tribunal had a special jurisdiction to only determine whether anyone was validly elected.
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 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 High Court, not the Tribunal or Appeal Court or any other Court.
Consequently, Hon. Justice Chioma affirmed the judgment of the Tribunal in Borno which held that the issue of nomination, sponsorship, and qualification of a candidate, in addition to disobedience to Court Order are pre election matters that can only be challenged by party members in Federal High Court.
The pertinent issue raising eyebrows regarding the judgment, most especially from the opposition parties contention is that PDP are not going to participate the said rerun election.
Reacting to the development, Plateau State commissioner of information and communication, Hon.Musa Ibrahim Ashoms who was present at the Appellate Court Abuja, said the Judgment did not exempted any political party from participating rerun elections for Plateau North senatorial district seat and Jos North/Bassa Federal constituency.
According to Ashoms, “we have a conflicting judgment in Nigeria. But in our matter it was delivered on plain English “ALL” and all means “ALL AND SUNDRY, All, Total, All of us without exemptions, without exceptions of any body.
“The primary election was conducted since 2022, and the electoral Law 2022 clearly stipulates the number of days you can approach the Court, which is 14 days after primary election when there is infringement.”
“But, be that as it may, the Court have said were going for the rerun election all of us without exemption, without exception. So all of us PDP and others because the PDP won that election APC didn’t came second, ideally if there was a problem the Court would have announced the first runner up as the winner and certificate of return issued to them.
“But this matter is complicated, but for those that understand English, for those that understand the grammar, for those that understand the language of the law because in Nigeria were expected to use English in delivering law and the Judges spoke openly and they said all will participate. All means PDP and the others.
“It is very unfortunately that Plateau North senatorial district and Jos North/Bassa Federal Constituency will be deprive of representation for about this 90 days.
“We will come back and continue with the campaign and ensure we emerged victorious but this time around with a wider margin”, Ashoms stated.