₦airaland Forum

dalongjnr:
Any certified true copy to that judgement?
Was it admissible at the appeal court, since it was statue barred? Because the appeal was already entered before the judgment!.

Both the timkuk and kaze judgment were admitted in court but the kaze judgment supercedes

fergie001:
Not @ all. I still stand that the Plateau judgement was never o goodfate but if you look at that Appeal Court judgement in full, you will know "winter is coming".

The way you have explained things weren't the way they did oooo.

Exactly.pdp just like nnpp in Kano neglected their defensive responsibilities like Trent and zinch.the timkuk judgment has been overtaken by other events.

dalongjnr:
I don't believes you. What happened to the principal of fair hearing?
FREQUENTLY ASKED QUESTIONS ABOUT THE CASE OF PDP IN PLATEAU STATE

The APC in Plateau State has been peddling untruthful information about the status of PDP in Plateau State.

HERE IS THE TRUTH!

Is it true that the PDP in Plateau State has had leadership tussle? Yes!

Following the painful loss of the 2019 Governorship Elections, many party faithfuls were displeased with the leadership of the then Chairman, Hon. Damishi Sango and presurrised him to resign.

After much resistance, Mr. Sango resigned and a Caretaker Committee headed by the then Organising Secretary, Hon. Gwot Chocho was appointed to run the affairs of the PDP.

That PDP validly held its repeat congress on the 25th of September, 2021 and the said Congress was monitored by INEC which report was tendered in evidence.

Before the election of August 9, 2020, a party Chairmanship Aspirant, one Bitrus Kaze went to Court to challenge the Chocho led Caretaker Committee.
On November 26, 2020, Justice Gang ruled in favor of Hon. Bitrus Kaze and ordered that the Chocho led Caretaker Committee be dissolved to pave way for a fresh congress.

Due to a lot of Court cases arising from the 1st congress, the stakeholders of the party on their own agreed to dissolve the Chris Hassan led EXCO elected from the 1st Congress and appointed a Caretaker Committee led by Senator Tunde Ogbeha which conducted a Fresh State Party Congress on September 25, 2021, in which Hon. Chris Hassan re-elected as Chairman.

Was this repeat Congress duly monitored by INEC? Yes!

And INEC submitted its report titled ‘’Comprehensive Report of Repeated Congress of the Peoples Democratic Party’’ dated 25th September, 2021.

Did Bitrus Kaze who challenged the Chocho led Caretaker Committee participate in the Repeat Congress?Yes, he did.

He polled 186 votes as against Hon. Chris Hassan’s 1,526 votes. Hon. Bitrus Kaze congratulated Hon. Chriss Hassan and was also at the Swearing in of the EXCO together with his supporters like Lt. Gen. J.T. Useni and Hon. Damishi Sango.

Has there been any Court Case against this Repeat Congress of September 25, 2021?Yes.

In the case of Augustine Timkuk Vs PDP, the APC masterminded this suit in order to nullify all PDP primaries in Plateau State. The Federal High Court in Jos dismissed the suit and the Court of Appeal Jos Division affirmed the judgement.

What important findings did the Federal High Court make in Augustine Timkuk’s Case?

That PDP complied with every existing Court Order regarding its State EXCO and therefore was not in disobedience with any Court Order. That PDP validly elected a new State EXCO in accordance with its constitution and therefore had the right structure required of a party in place.

Did all the 17 Local Governments participate in the Repeat Congress?Yes.

The 17 Local Government Areas in Plateau State and all Ward EXCOs and ad hoc delegates totalling 1,600 persons participated in the repeat congress. Only the Exco members of 5 Local Governments Areas, totalling about 85 were excluded for various local reasons.

Where did the repeat congress take place?

The repeat congress of the PDP took place at Langfield event centre, Rayfield in Jos South Local Government Area of Plateau State.

Did the JUDGMENT of the Plateau State High Court by Justice SP Gang affect the concluded congresses at the Ward, Local Government or Zonal levels?

No! The judgment of the Plateau State High Court in suit no. PLD/J304/2020 only affected the eligibility of the Chocho led Caretaker Committee to participate in the 1st Congress which in any case was eventually cancelled by mutual consent of PDP stakeholders to pave way for the repeat Congress of September 25, 2021, because Bitrus Kaze who was not an EXCO member of the party at any level wrote to PLASIEC (Plateau State Independent Electoral Commission) and demanded the exclusion of PDP.

9. Does PDP have any judgment(s) that confirmed the repeat congress after September 25, 2021? Yes!

There two judgments that validated and confirmed the repeated congress of the PDP. The Judgments are both by the Federal High Court Jos Division and Court of Appeal Jos Division. The particulars of the judgments are:

SUIT NO: FHC/J/CS/64/2022: BETWEEN: AUGUSTINE TIMKUK V. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) & 6 ORS (Federal High Court)

APPEAL NO: CA/J/300/2022: BETWEEN: AUGUSTINE TIMKUK V. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) & 6 ORS delivered on the 11th day of February, 2023 (This is the most recent judgment that confirmed the congress report of the PDP)

10. At the Tribunal what are some of the pieces of evidence that PDP tendered to show that PDP did not disobey any court order?

The PDP led evidence and tendered the following documents.

a) CERTIFIED TRUE COPIES COMPREHENSIVE REPORT OF INEC ON THE REPEATED CONGRESS DATED 25TH SEPTEMBER, 2021

b) SUIT NO: FHC/J/CS/64/2022: BETWEEN: AUGUSTINE TIMKUK V. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) & 6 ORS (Federal High Court)

c) APPEAL NO: CA/J/300/2022: BETWEEN: AUGUSTINE TIMKUK V. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) & 6 ORS delivered on the 11th day of February, 2023

d) VIDEO EVIDENCE OF BITRUS KAZE CONGRATULATING CHRIS HASSAN DURING THE REPEAT CONGRESS.

e) EVIDENCE THAT NO LGA WAS EXCLUDED DURING THE REPEATED CONGRESS

f) EVIDENCE OF COMPLIANCE THE JUDGMENT OF JUSTICE SP GANG

g) EVIDENCE TO SHOW THAT PDP HAS A STRUCTURE IN PLACE IN PLATEAU STATE

h) EVIDENCE TO SHOW THAT NO COURT OF LAW HAS NULLIFIED THE REPEATED CONGRESS.

11. Was PDP in existence in Plateau State as at the time of the conduct of the 2023 general elections?Yes.

The structure of the PDP in Plateau State came into existence since on the 25th September, 2021 when the repeated congress was held and no one challenged the congress let alone any court nullifying the repeated congress.

12. What is the position of the Nigerian Law on the Appropriate Court to determine the validity of Party Congress?

Being a pre-election matter, the jurisdiction for all pre-election matters rest with the Federal High Court.

13. What is the duty of an Election Tribunal and the Court of Appeal thereafter? The duty of the Tribunal and the Court of Appeal is centrally to determine who was validly elected and not to determine the validity of the congress of PDP because the challenge to the validity of the congress report can only be activated in a regular court and not at the Tribunal. Thereafter, the Court of Appeal can only decide if the Tribunal was right or wrong.

14. Were the candidates of the PDP nominated and sponsored by the State Chapter of the party?

By section 50 of the PDP constitution 2017 as amended, it is the duty of the National Executive Committee or National Working Committee of the PDP to nominate and sponsor candidates for all national elections and in the case of Plateau State, all the candidates were validly nominated and sponsored by the national leadership of the party.

15. Is the National Executive Committee of the PDP that nominated all the candidates of the PDP in Plateau State in disobedience of ANY alleged court order?

There was no evidence anywhere to show that PDP at the national level that sponsored and nominated PDP candidates in Plateau State is in any disobedience of any court order.

16. What was the basis of the judgment of the Court of Appeal against PDP?
The judgment of the Court of Appeal sacking Plateau State candidates of the PDP was on the basis of an alleged but unproved disobedience to court order. Evidence before the Court showed PDP had complied with every known Court Order.

17. Did the Court of Appeal make reference to the decisions of the Federal High Court and Court of Appeal which favoured the PDP? No!

The Court of Appeal refused to use the evidence of compliance with the judgment of the Plateau State High Court which were all tendered in evidence before the court and no objection was raised as to the admissibility of those documents.

18. Did PDP in Plateau State breach any law before the 2023 general election? No!

PDP in Plateau State did not contravene any known law before the conduct of the general elections and that is why the names of all the candidates of the PDP were accepted and published by INEC.

19. Did any member of the opposition party challenge the names of the PDP candidates after same were published by INEC? No!

20. Did any aspirant who participated in the primary election of the PDP challenge any of the candidates? No!
All the ASPIRANTS of the PDP in Plateau State at the primaries were all satisfied with the process.

21. Did the opposition tender any court judgment that nullified the repeat congress of the PDP at the trial? No!
Because there is no such judgment in existence anywhere in the world instead, they relied on judgments which the courts in those judgments only said PDP did not produce evidence to show that it had complied. However, in the present trial the evidence that was missing in the previous cases was before the court, yet the court refused to use and apply the evidence.

THE CASE OF MUTFWANG AGAINST NENTAWE AT THE SUPREME COURT

1. Dr. Nentawe Goshwe and APC challenged Governor Caleb Mutfwang’s victory at the Election Tribunal on the allegation that he was not qualified to contest the election because according to them, he was not validly nominated by the PDP since it had no ‘structure’.

2. Governor Caleb Mutfwang won at the Tribunal and the APC Petition was dismissed but the Court of Appeal set aside Gov. Caleb Mutfwang’s victory on the alleged ground that the Governor was not qualified to contest the election, having not validly sponsored by his party (PDP).

3. The Court of Appeal held that PDP had no structure in Plateau State and therefore lacked the competence to sponsor Governor Caleb Mutfwang. The Court also held that PDP was in breach of an Order of Court that directed it to conduct congress to elect its officers in the Wards, L.G. A.s and State in Plateau State, when in fact no order existed.

4. Governor Caleb Mutfwang now at the Supreme Court contends that the Order of Court was obeyed with the conduct of the Congress on September 21,2021 as found by the Tribunal; and even if the Order was not obeyed, the alleged disobedience does not form a ground for challenging his election. Reference on this is made to Section 134 of the Electoral Act 2023 which provides the grounds on which the Governor’s election can be challenged. None of the grounds includes disobedience of Court Order.

5. Further on the impossibility of challenging the Governor’s election based on the allegation of invalid nomination and sponsorship, the Governor refers to judgments of the Supreme Court which hold that a Petitioner, having admitted invalid nomination and sponsorship, invariably admits sponsorship.

6. On the allegation of lack of structure, the Supreme Court in the case of Oni v. Oyebanji (2023) 13 NWLR (Pt 1902) held that even if a Political Party has a
questionable leadership, its competence to nominate or sponsor a candidate cannot be questioned.

7. Governor Caleb Mutfwang is praying the Supreme Court to allow his appeal, set aside the judgment of the Court of Appeal, affirm the judgment of the Tribunal and return him as the winner of the election as declared by INEC.

8. The Supreme Court has held in many cases that the issue of nomination and sponsorship of a candidate are internal party matters. In this case, Governor Caleb Mutfwang cannot be challenged by his opponent, as in the case of Nentawe and APC because it only concerns members of the same party with the Governor! Also, the issue of nomination and sponsorship of candidates are pre-election matters that can only be challenged in a regular Court before elections.

Ex minister Solomon dalong,you miss it.the most recent judgment happened in oct 2023 and was upheld by the apex court against pdp.this supercedes the timkuk judgment which ended at the appeal court...
APC are not challenging the governor nomination or sponsorship but asking that the court order barring pdp from sponsoring candidates be enforced..

Finally, no fair hearing was breached at the appeal

fergie001:
I am betting on Plateau to fall. If the SC goes against the Appeal Court, there will be uproar since the lower Court has sacked everybody there.

So the SC will simply cite "Disobedience to Court Order."

Once fair hearing stands, Mutfwang wins. The truth is that his lawyer has [b]partially conceded already by going the fair hearing route.... [/b]

Exactly at the bolded.the heavy focus on fair hearing is a concession of defeat but in reality,fair hearing wasn't breached as the sole issue determined at the appeal was the major issue at the tribunal.infact,APC suffered breach of fair hearing at the tribunal

fergie001:
I am seeing 1-1... Kano/Plateau, one will likely fall.

Yes,nnpp should retain Kano since it is not a threat to 2027 and kwankwaso can easily align with tinubu plus there are a lot of judgment loopholes.the only issue is ganduje.plateau should likely fall since pdp is a threat,plateau is hostile to APC plus the judgment was immaculate

dalongjnr:
We will see when the judgement are been passed.
He's staying. You predictions are wrong in as much as the case is 55:45 in his favor.
As a lawyer that you are,you understand the principles of fair hearing!
Secondly, you also understanding the law of natural justice!
Compare what was done at the tribunals and the appeal court, then you will understand that his case is good, because it's like they hear a new case in the appeal court.

The only thing that can save him is a political deal.the appeal judgment was airtight.he wasn't denied fair hearing actually,it was even APC that was denied fair hearing at the tribunal..the appeal court simply consolidated the issues and determined it based on one issue.now,even at the tribunal,APC main focus was on the court judgment

dalongjnr:
Please bring out the judgment to that effect.
And the tribunal is not the place to hear that.

Read the full appeal court judgment and be properly guided

dalongjnr:
Not at all,it was at the state high court.

It got to the apex court and pdp lost

Triplerg:
That is it. That appeal court dabbled into issues it has no jurisdiction to entertain in that case.

The appeal court has jurisdiction as the judgment against pdp emanated from it

dalongjnr:
Even at that, tribunals are not the court to entertain issues like that, it's only the federal high court, appeal court and supreme court.
The appeal court lack the jurisdiction to entertain it,since it didn't(the cases) originates from the federal high court, just as the CJN opines in December, last year.

The civil courts have already stopped pdp from sponsoring candidates and by the principle of stare decisis,tribunals are bound by it

Triplerg:
My brother that is what I have been telling people but they won't listen. Zamfara's APC vs APC, but Plateau's case is different. The APC has no right to challenge the internal affairs of the PDP

The apc didn't challenge the internal affairs of plateau pdp,they simply said the court judgment against plateau pdp should be enforced

dalongjnr:
The substance in the case are not the same.
In ZAMFARA, it's APC AND APC(intra party conflict) THAT TOOK themselves TO THE COURT WHILE IN THE CASE OF PLATEAU STATE, It's APC that took PDP to court over the conduct of their state Congress (intre party affairs), which a state high court urged them to conduct ,which they complied but court of appeal said it's a "partial structure " which is alien to the law of natural justice and fair trial.
See ah,what happened in the appeal court was unfortunate. It didn't follow any precedent set but rather, they want to set a wrong precedent which will in the future, cause conflict in the polity. Since, PDP is not having any pending litigation by the parties that took part in the Congress and also complied with the directive of the court to conduct their Congress, which is an intra party affairs.

It is not an intra party affair.tjere is a pending judgment against plateau pdp from sponsoring a candidate and this is a judgment in rem from the appeal court

bammo:
Get lost

Pdp and muftwang are lost already

fergie001:
Judgement likely to be delivered next week.

Yes,all should lapse by Friday next week

dalongjnr:
All issues raised were entirely true.

He is a goner

Splashme:
Who is the APC's main candidate?
.

Someone from central

Splashme:
Obaseki has said he does not have a candidate and that he will support any aspirant that wins the primaries
.

Oga, ighodalo is obaseki candidate

MrRemedyAlagbo:
As expected,the battle is between him and kassim afegbua of apc

Where is afegbua from

raumdeuter:
Yes sir

Let me pm you

ejimatic:
Ok !

I just sent.check

ejimatic:
. The Aworis were the first settlers in Lagos. IT was the Portuguese traders that gave them the name Lagos. Lagos is also in Portugal till today. The Nigerian history is also in support of the fact that Yorubas were that early settlers in Lagos not the Benin people!
I also agree that the Benin people of Edo State are also the descendants of Yoruba.There forefather was a son of Oduduwa.

Wanted to discuss something private with you.let me email you

seanfer:
Thanks

Happy new year.how is the family

seanfer:
Thanks

Happy new year.how is it na

jeff1993:
Steal billions ..... donate millions!!

Lawmakers don't steal govt money

Cc ejimatic

Cc seanfer

Cc raumdeuter

raumdeuter:
Your paddy is now moderator

How sw

raumdeuter:
Your paddy is now moderator

Yes oh.e sweet me but the guy is slippery

fergie001:
U don start abi?

Congrats,it was a fait accompli.i believe I will never be banned in this section at least

Redomi:
yes oo, e remaiin Tottenham goal goal 1.33

Show love sit

ekhai:
I was very sure of with 1.71 odds. I played with 100k. Now I've 171k. It is a good day.
Well Arsenal will level the match.

Show love to your boy sir..

31...029795 ..71 first bank