Speakers at the LEADERSHIP conversation on X (formerly Twitter) have called on the sacked lawmakers in Plateau State to approach the appeal court for legal interpretation following the survival of their state governor at the Supreme Court.
On Friday, when the apex court in Nigeria decided the fate of eight governors, it overturned the lower courts’ decisions and declared as winners the New Nigeria Peoples Party (NNPP) and its candidate the winner of the Kano governorship election; the ruling All Progressives Congress (APC) and its candidate in Lagos; the Peoples Democratic Party (PDP) and its candidate in Bauchi; PDP and its candidate in Zamfara; APC and its candidate in Ebonyi; PDP and its candidate in Plateau; LP and its candidate in Abia and APC and its candidate in Cross River.
Of these court rulings, of particular interest was Plateau State where two senators and some members of the House of Representatives and the State House of Assembly under the platform of the PDP were sacked at the appeal court, only for the governor to survive at the Supreme Court on the same matter of dispute.
The Supreme Court upheld the election of Plateau State Governor Caleb Mutfwang and said such a case should not have gone to the tribunal in the first place.
Muftwang’s victory at the March 18, 2023 poll was upheld by the State Governorship Election Petitions Tribunal in Jos but the appeal court overturned the lower court’s victory and declared Nentawe Goshwe of the APC as the winner.
But while upturning the lower court judgement, some of the Supreme Court justices said their worry was that a lot of people had suffered as a result of the case and that it was not even supposed to be filed for adjudication.
But speaking during the LEADERSHIP X spaces, the chief executive officer of House of Justice, Kaduna, Barr Gloria Ballason, said the scenario justifies their earlier calls that election litigations must be decided before swearing in.
She contended that the Plateau lawmakers sacked on the same premise as the governor at the appeal court can seek judicial interpretation and reversal of their removal from office.
“The sacked Plateau lawmakers can go to the appeal court and ask for interpretation and review of the judgement. Something has gone wrong; should it be fixed, yes, it can be fixed. We can look at it as an opportunity to get better,” Ballason said.
Gloria’s opinion is shared by other speakers including Dr Udoh U. Udoh and Kabiru Saje.
But another public commentator, Realwan Okpanachi, said the time for review is already gone.
“Sixty days have elapsed. Outside 60 days, the matter cannot go to the Supreme Court. Their fate is sealed. They should wait till 2027.
“There should be a window for other political parties to challenge the primaries of others. This will help correct the wrong done by the political parties. Supreme Court judgement has caused confusion,” he said.
The appeal court has held that the PDP failed to comply with the order of the Plateau State High Court in Jos directing it to conduct valid ward, local governments, and state congresses before nominating its candidates for the various elective posts, which it said was a breach of the law.
Meanwhile, the Coalition of United Political Parties (CUPP) has called on the National Assembly to commence without delay the amendment of Sections 233. (1)(e) and 246.(1)(3) of the 1999 Constitution, as amended, to extend appellate jurisdiction for State and National Assembly election disputes to the Supreme Court to avert a repeat of the injustice meted out to the validly elected national and state assembly members of the PDP and Labour Party from Plateau, Enugu, Abia and other states.
CUPP, through its national secretary, High Chief Peter Ameh, said the call has become necessary due to the irreparable damage caused to the elected members who have been unjustly removed from their legitimate seats by the Court of Appeal despite the plethora of earlier decided and settled cases by the Supreme Court, which by the doctrine of stare decisis binds the Court of Appeal.
CUPP observed that the Supreme Court did not mince words in tongue-lashing the Court of Appeal for the perverse and obnoxious judgement that saw the untimely termination of the legitimate and valid mandate of those legislators both at the State and National Assembly which ought not to have happened had the Court of Appeal justices not wilfully directed themselves to ignore those decided cases which they did with impunity, knowing that the likelihood of sanctions being levied upon them is minimal.
“CUPP is appalled and highly dismayed that those petitions, which ordinarily would not have been entertained by nature of their being pre-election matters, were made the cornerstones of their judgements by both the Election Tribunal and the Court of Appeal, leading to the nullification of those mandates, thereby denying them the fruits of their victory, and handing same to persons who were rejected at the polls by the voters.
“CUPP believes that this irreparable harm and loss would have been remedied had there been a further provision for appeal to the Supreme Court by the aggrieved parties and hereby calls upon the National Assembly to commence without delay the amendment of those sections of the 1999 Constitution, as amended, to add to the Supreme Court the powers to entertain appeals for state and National Assembly election disputes and remove the Court of Appeal from being the court of last resort for same as it currently is,” Ameh added.
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