Governorship Election Petition Tribunal in Plateau state recently determined the issues brought before it by Gyang Pwajok of the People’s Democratic Party (PDP), against the election of Governor Simon Bako Lalong of the All Progressives Congress (APC). MUHAMMAD TANKO SHITTU writes on the post-tribunal challenge before the governor.
The complaints of electoral malpractices that characterised the petition of the late Gyang Pwajok and his party- People’s Democratic Party (PDP), in their petition against Governor Simon Bako Lalong, and his party the All Progressives Congress (APC) as well as the electoral umpire Independent National Electoral Commission (INEC) may have ended as the Plateau Governorship Election Petition Tribunal in Jos upheld the election of Simon Bako Lalong as the duly elected governor.
In the April 11, 2015 Plateau Governorship election 44,286 votes stood in between Lalong of APC and Pwajok of PDP. The former scored a total of 564,913 valid votes as against the latter’s 520,627 votes. So, the Independent National Electoral Commission (INEC), declared Lalong as the legitimate winner of the election and was returned, as governor of the State.
The PDP candidate roundly rejected the result and headed for the tribunal. He had in his arguments, canvassed that the Governorship election was marred by irregularities and noncompliance with the Electoral Act, with specific mentioned of seven local government areas of Jos-North, Wase, Mangu, Shendam, Pankshin, Jos East and Kanam involving 278 polling units in 89 electoral wards.
However, as proceedings progressed the petitioners seemed to lose focus of their claims, for, when they claimed that the irregularities were done in eleven out of the seventeen Local Government Areas of the state, without specifying them and further adopted in their written addresses for determination, and sought for, “annulment of the entire election.”
In its five hours, fifteen minutes bulky judgment delivered by Justice Johnson Candide, who was flanked by his two other colleagues, the tribunal declared that the petitioners failed to prove beyond reasonable doubt that the election of Lalong as declared winner of the April 11, 2015 Governorship Election by INEC, was not done in substantial compliance to the Electoral act 2010 as amended.
Though the petition was lacking in merit of “non-specification of the units by units were such irregularities were averred to have been done,” living the, “burden of prove on the tribunal,” a situation which the tribunal was of the opinion that the unproven allegations were mere, “speculations,” and therefore held that; “speculation is not in the character of the law.”
Again it was the opinion of the tribunal that the “Petition is liable to fail, on the score of law, having failed to mentioned and proved polling units by polling units,” it therefore discountenance in its entirety the averments contained in the petitioners claimed.
In all, the petitioners counsels led by Robert Clark SAN, presented 15 witnesses, tagged PW 1-15, while the 1st and 2nd respondents being Governor Lalong and APC, presented 8 witnesses also tagged as DW 1- 8, and the 3rd respondent being INEC, presented none.
The tribunal having perused all the evidences presented before it by PW 1-15, considered that PW 1- 10 were “unreliable,” and had, “contradicted their individual selves,” while on cross examinations before the tribunal.
Whereas; the tribunal specifically mentioned that PW1-6 had all failed to reconciled their written deposition and oral evidences, almost all of their individual statements were contradictory, speculative and hearsay, the others PW7-10, had failed to even communicate in the tribunal’s language which is English and even as they spoke in Hausa language their depositions did not reflects, “jurat,” and the tribunal cannot make the case for them.
The tribunal’s position that the petitioners allegations were, “spurious,” and that it, “cannot attract the sympathy of the tribunal and therefore the petition is discountenance,” is enough reasons for most of those in attendance when the judgment is giving to understand that the end of the proceeding is going the respondents ways.
What climaxed the judgment was the position of the tribunal on the issues of PW15 as well as the, “speculated,” appeal to the Apex court, as extensively debated for and against by the petitioners and respondents counsels for determination by the tribunal and on it the tribunal held that,”the evidence of Adeola Olayilola (PW15), was the only closest to have presented to the tribunal, “with 270 documentary evidences and, “whose evidence has since been discountenance,” by the tribunal.
The tribunal further ruled that the “petitioners have presented a poor petition,” it was also its judgment that, “the subsisting judgment of the Appeal court,” on which the tribunal expressed its view that; “there is no reason not to comply with the judgment of the court of Appeal and have no right to disregard, deviate or not to comply with its decision,” thereby dismissed the application of the petitioners that sought for the tribunal to; “consider and deliver an alternative, composite judgment.” It further held that the argument of the respondents counsels which suggested that the said appeal to the supreme court was, “speculative,” and therefore the tribunal was of the view that; “speculation is not the character of the law.”
The tribunal had at the preliminary stage of its judgment struck out of the petitioners averments contained in paragraphs 1,5,7,8 and 11, as earlier sought by the 1st respondent preliminary objection, but was reserved for ruling along side with the main judgment, some other averments of the petitioners were struck out as the judgment progressed, thereby weakened the claimed of the petitioners and paved way to ascertained the respondents clamour for victory, which is on record that they have gotten.
One other area of weakness of the petitioners was the remaining averments of; “criminal allegations of noncompliance with the 2010 electoral act as amended in section 117,” to which the tribunal said the petitioners have failed to proved that; “no election was held and results were illegally entered…,” thereby discountenance the allegations.
Justice Candide led judgment said the 3rd respondents have conducted the election and declared the 1st respondents as legitimate winner in; “substantial compliance,” to the provision of the electoral act, it further held that Lalong has lawfully scored a difference of; “44,286,” votes to become the winner and it so; “holds,” and; “dismissed the petition for lacking in merit.”
The tribunal was also of the views that the petitioners only presented; “documentary evidences on hearsay, that are unreliable.”
All of the respondents counsels Lateef Fagbemi SAN, Garba Pwul SAN and Hassan Liman SAN have canvassed for the outright dismissal of the petitioners claimed of irregularities and averments of election annulment and ordered for a re-run in the state Governorship election, which they did for almost three months up till the moment of judgment and to their supporters and indeed the generality of the people of Plateau state, the judgment was a; “lawful, judicial affirmation of our legitimate mandate on Simon Bako Lalong as our governor.”
As the tribunal delivered its judgment in favour of the, “People’s Governor of unification and all inclusiveness,” teeming supporters celebrated, they danced and wined in appreciations of the judgment that have; “reaffirmed their earned victory at the polls.”
More importantly, worthy of mention was the glaring acceptance of yet another defeat, the 3rd of its kind by the state chapter of the PDP, whose Chairman Mr. Raymond Dabo, said it is now all over and, “For the first time we as the PDP are congratulating Governor Simon Lalong for the victory,” both at the polls and tribunal.
Both Lalong and his supporters have anxiously waited for a verdict that will reaffirm their clean victory at the polls, the governor who was far away at Israel on the day his election was upheld by the tribunal, however returned to the state, on Wednesday and was received in a rousing welcome by the people of the state.
It was a great of reception at Government house as the people celebrated, danced and dinned with the governor, who told the mammoth crowd that; “Despite that tribunal has affirmed my victory, I will not go to sleep until we reclaim our mandate that was stolen by PDP at the Plateau northern senatorial district; because I believe we won the elections.”
Lalong assured that all citizens must feel the impact of his administration; more so that; “ours is an all inclusive government.”
He said the victory was a “God gives opportunity for him to serve the state,” and therefore urged all the people to join hand for the development of the state, adding that; “it is now time for work.”
To political pundits the victory did not in any way come as a surprise, having analysed the; “credibility of the election that brought on board the Lalong administration as the genuine will of the majority of People in the state.”
Looking at the development the litigation tussle is seemingly over, as Lalong slammed the opposition PDP, that had ruled the state for sixteen years, what the people are expecting is the fulfillment of campaign promises as canvassed by both Lalong and his party the APC, it is certain that the change of governance in the state was least expected even from the political pundits point of views as well as that of the common man. And therefore; nothing less than the best is expected from the Lalong/APC led administration.