PDP, CSOs, lawyers review verdicts, offer solutions to miscarriage of justice

Citing last Friday’s verdict of the Supreme Court where it revealed ‘terrible miscarriage of justice’ by the Court of Appeal against governors of Plateau, Kano and Zamfara states, critical stakeholders have offered solutions to check reoccurrence.

While some Civil Society Organisations (CSOs), lawyers and even the Peoples Democratic Party (PDP) offered leeway, varying from constitution amendment to overhaul of the appellate court, others advised victims to seek judicial review.

On members of the National Assembly from Plateau State, who were sacked by court of the second instance, PDP, which had sought disbandment of the panel on grounds of alleged political compromise, said Friday’s ruling had vindicated its position.

In its verdict last November, two senators were unseated, three House of representative members removed and 11 House of Assembly members sacked.

The party’s National Publicity Secretary, Debo Ologunagba, had claimed: “This frightening pattern by the Plateau Appeal Court Panel constitutes a clear and present danger to our democratic process, national peace and stability; a bad precedent for judicial mischief, and particularly a recipe for anarchy, chaos and breakdown of law and order in an already tensed Plateau State.

“The people of Plateau State are unsettled by allegations in the public domain that the Plateau State Election Appeal Court Panel has been hugely compromised and induced by the failed All Progressives Congress (APC) in Plateau State to undermine the will of the people by snatching elections clearly won by the PDP and awarding same to the APC as now evidenced in its inexplicable varying judgments on same election context and circumstances.”

The PDP had also expressed shock at what it called “brazen departure by the Appeal Court Panel from the judicial practice where cases with similar facts and applicable laws, especially before the same court, at the same material time, result in different outcomes.”

“Curiously, the panel in the most concerning pattern reached different conclusions with respect to election appeals with the same subject matter, same facts, same circumstances and same applicable laws in biased judgments clearly skewed against the PDP in favour of the APC,” the party added.

Referencing instances to support its claims, the party noted that in the “case of Plateau North Senatorial District won by Simon Mwadkwon of the PDP and the APC candidate coming third, the panel, in its judgment in Court of Appeal No. CA/J/EP/PL/SEN/12/2023 delivered on October 22, 2023, curiously annulled PDP’s victory and ordered INEC to conduct a rerun election among all the parties.

“In the case of Jos North/Bassa Federal Constituency won by Musa Agar of the PDP and where the APC candidate also came third, the panel, in its judgment in Court of Appeal No. CA/J/EP/PL/HR/14/2023 delivered on October 27, 2023, annulled the victory of the PDP and ordered a rerun, excluding the PDP.”

Also speaking to The Guardian on the matter, some lawmakers and CSOs differed on suggestions that the constitution be amended to grant jurisdiction to the Supreme Court to handle election petitions concerning the Senate, House of Representatives and Houses of Assembly.

Human Rights Writers Association (HURIWA) said because the apex court is already being overwhelmed with numerous cases, there is no need to overload it with more responsibilities.

Its National Coordinator, Emmanuel Onwubiko, said the best solution was to take serious punitive steps against erring judicial officers to serve as a deterrent to others.

According to him, even in the United States, not all cases get to the Supreme Court.

The Vanguard for Independence of the Judiciary, led by Douglas Ogbankwa, said the affected persons “can apply for review of judgments.”

During a live programme at the weekend, Mike Ozekhome (SAN) said although he believes that many cases should not get to the Supreme Court, the appellate court’s sacking of Plateau lawmakers could be examined by the apex court.