(Modest Thoughts with Ayuba, Yilgak'ha; November 20, 2023; SMS: 08116181263)
The battle for the soul of the number one political seat on the Plateau, the seat of governor, is far from being settled. The recent outcome of the ruling of the court of appeal which sat in Abuja and invalidated the mandate of His Excellency, Governor Caleb Manasseh Mutfwang, is a pointer to this reality. When the governor who was elected under the platform of the People's Democratic Party (PDP) was sworn-in on May 29, 2023, following his declaration as winner of the keenly contested governorship election on March 18, 2023, it was thought, in many quarters, that the battle was over but the current turn of events is saying it is not yet uhuru for the governor yet.
Recall that after results were collated for the March 18, governorship poll, the Independent Electoral Commission (INEC) throught its Returning Officer (RO) and Vice Chancellor, Federal University, Lafia, Professor Idris Amali, declared and returned, Barr. Mutfwang who scored 525,299 as the winner as against the candidate of the All progressives Congress (APC), Prof. Nentawe Yilwatda Goshwe of the who scored 481,400 of votes cast.
Not satisfied with the outcome, Professor Nentawe headed straight to challenged the outcome in what has come to be known as 'water tight pettion.' The case was heard and unanymously dismissed for lack of merit by the Plateau State Governorship Election Petition Tribunal (PSGEPT) on Friday, September 22, 2023. Delivering the judgement, the tribunal panel led by Justice. R. Irele-Ifineh held that the petitioner(s), the APC and its candidate, Prof. Nentawe lacked the locus standing to contest the party structure of a party they were not part of, either as members or aspirants. It said the issues of party structure/nomination raised by them were pre-election matters which they lacked the locus standing to challenge. The tribunal, also, held that the PDP conducted a second unchallenged congress on September 25, 2021, in obedience to the ruling of Justice S.P. Gang of the Jos High Court. Therefore, the APC and its candidate failed to establish its allegation electoral malfiseance.
Not satisfied with the tribunal ruling still, Professor Nentawe Yilwatda quickly filed an appeal at the Appeal Court Tribunal (ACT), Jos Division. The case was indexed and heard but the ruling was reserved for a later date leaving the electorates in treacherous suspense.
On November 18, 2023, a circular from the appeal court conveying the date for ruling on the matter was circulated which reads: "JUDGEMENT NOTICE
CA/J/EP/PL/GOV/52/2023
BTW: DR.NENTAWE YILTWADA GOSHWE ALL PROGRESSIVES CONGRESS (APC) AND INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC)
MUTFWANG CALEB MANASSEH
PEOPLES DEMOCRATIC PARTY (PDP)
TAKE NOTICE The above mentioned Appeal is fixed for JUDGEMENT On 19th November, 2023. By 12:00 noon@Court Of Appeal, Abuja
DALHATU MANSUR."
When the breath taking circular got to the public, particularly in the state, the citizens, particularly, the sypathisers of PDP and APC were anxious about what the outcome will be. This was an extension of the anxiety and cacaphony of debates including street protests in Jos and Abuja generated by earlier judgements of the lower tribunal and appeal courts.
Right from the time of electioneering campaigns, the elections and the aftermath of it, a lot of 'water' has gone under the bridge leaving the state literally and unnecessarily polarised along religious and tribal lines. The authority that be in the state and those challenging the legitimacy of it all know that the state is gasping for air of unity amongst all the tribes, religions and the political class of the state.
The much expected judgement day came and considering that the incumbent governor won at the tribunal level, there was no one who could predict with absolute certainty the direction the pendulum was going to swing. Both camps were tensed with merchants of speculation and propaganda having a field day over a ruling they have no iota of control over.
It was in this atmosphere that I composed and post a piece titled, "IN PURSUIT OF A GOOD NAME", on the D-day, Sunday, November 19, 2023 which reads: "After saying a prayer, step out in absolute confidence because all powers belong to God. He gives it to whoever he pleases. But woe unto those who say unprintable things against others under the guise of politics. I implore our appeal court judges to follow their convictions and the dictates of the law, for in the final analysis, each and everyone of them will give an account to God who made them strategic arbiters. Do not go for food that spoils or biases that stains your conscience and hard earned reputation. A good name has no alternative: It is all that matters in the lives of noblemen which our judges ought to be in thick and thin. Preserve yours!"
The brief piece was goal specific. It was a deliberately aimed at dousing the tension and anxiety that was building in the state. It was, also, targeted at reminding the bench (panel of judges) of their sacred responsibility of dispensing justice without fear or favour, should the reminder gets to them through the promising waves and possibilities of contemtorary social media!
It is no news that in recent times, rightly or wrongly, our courts are under heavy crossfire and public scrutiny following the courts' rulings on election matters in recent times. For instance, the ruling that brought Governor Hope Uzodimma of Imo state on power. Recall, also, that a retiring Justice of the Supreme Court, Hon. Justice Dattijo Muhammad, made unsettling criticisms on the court he was retiring from when he revealed that the Chief Justice of Nigeria (CJN) was exercising “absolute powers” and, therefore, the court had become 'something else'. And interesting, this damaging insinuation came on Friday October 27, 2023, barely a day after the court validated the election of President Bola Ahmed Tinubu!
The hour came and the three panel of judges led by Justice Elphreda Williams-Dawodud delivered the unanimous judgement which invalidated the tribunal judgement that affirmed the victory of incumbent governor, Barr. Caleb Mutfwang and ordered the withdrawal of the Certificate of Return (CoR) earlier issues him by INEC and to reissue another to the appellants, the APC and its candidate, Professor Nentawe Yilwatda!
The main thrust of the appeal by the APC candidate bothers on issue of qualification which his counsels argued was both a pre and post election matter under Section 177 (c) of the Nigerian Constution, 1999 as well as Section 80 and 82 of the Electoral Act, 2022.This position was countered by the defendant the people's Democratic Party and its candidate, the incumbent governor. However, the court ruled that Muftwang was not validly sponsored by the PDP as provided by Section 285 (2) of the Nigerian Constitution. Therefore, it concluded that the appeal brought by Professor Nentawe Goshwe of the APC succeeded and thereby granted!
As it stands, the APC and its governorship candidate had lost at the tribunal; the PDP and the governor has also lost at the appeal. This makes the league table scores 1-1 in favour of both sides. With the subsisting ruling, governor Mutfwang and his party only has one extra window of opportunity to challenge the judgement of the appeal court and, from all indications, they will do that. This means there is a pending fight-to-finish legal battle ahead. This, also, implies more tension in the state for both camps, especially, when these anxious supporters concede to the dictate of their emotion and, not the power of their conviction and faith in God who is the ultimate decider!
Plateau State is at the verge of making a unique but not new history should the subsisting appeal judgement scale through at the Supreme Court. The implication will be that governorship elections in the state will be conducted off-season with all its implications. Should the incumbent succeed at upturning the appeal court judgement, on the other hand, it will be the first time intermittent victories and defeats are being witnessed in any governorship legal tussle in the state with all its implications too. Whichever way it goes, Plateau state will never remain the same. Going forward and for every discerning mind, the unfolding events are lessons that will forever remain a school in institutional strengthening as it affects the courts and/or internal party democracy as it affects our political parties.
The issues at stake have now left the ballot and, are in the domain of the courts where our collective intelligence is limited except you are a member of the bench, especially, judges selected by the respective courts to seat on this matter. Every interested person would have wished to have a say or air his view on the matter but to no avail; our power as electorates end at the ballot. If you are not asigned to be at the bench, whatever you say or do will be of no consequence at this stage!
Should governor Mutfwang and his party scales through the last hurdle, the state will remain green. In the same vein, should professor Nentawe and his party win at the supreme court, the state will, equally, turn blue. Blue or green are just colours, by the way. Whether the state goes from green to blue or from blue to green, no Plateau citizen has the power to decide anything at this level except the supreme court, highest court in the land!
In a democracy, constitutionalism is very critical. In a constitutional democracy, the will of the majority matters but the ruling of the courts which follows, at least, the power of micro majority decision of judges in any matter is binding too. As it stands, the people have spoken at the ballot; the lower tribunal court has spoken; the court of appeal has also, spoken. Lets be patient for the supreme court to decide should the matter gets there within 14 days after ruling. Of course, the process of election involves the creation of constituencies; setting up of party structures and membership, nomination of candidates; election and declaration of candidates which could be challenged at the tribunal right up to appeal court or supreme court as the case maybe. It is a long admistrative and citizenship engagement protocol which requires meticulousness from all stakeholders: The courts, INEC, political parties as well as candidates and, indeed, the electorates!
Because I'm not a bencher under whose hands this matter will be decided and put to rest, it makes no sense if I take side now. The poll is over and will be a total waste of time if any citizen, in the present circumstance, chooses to take side. However, permit me to draw the attention all parties to the fact that we all need each other. All powers belong to God and He dispenses such powers the way he pleases irrespective of our bias wishes. Interestingly, there is only one governorship seat in the state (one tenure that is subject to renewal through periodic elections). If the development of the state is all that we ever aspire for, then, let us drop all primordial sentiments and join forces together to build the state after the final judgement. We cannot settle for less under any guise!
Whether it is "the Time is Now" or "the Generation Next", does not matter. It is inclusive growth and sustainable development of Plateau which is the essence of politics that matters. Afterall all these slogans are mere philosophical mantras; it the quality of the leader or leadership that can breath life into them!
In the state, currently, what is being witnessed in all of these cacaphonies are nothing but changing dynamics of power play: The intervening role of the courts and their sweet or bitter consequencies. While those who lost at the poll or courts of final jurisdiction (appeal) for national and state assembly are already counting their losses, those that scaled through are counting their gains. Whichever side of the divide you belong, understand that politics is a game and the players must cultivate the spirit of sportmanship. The winners must show maturity and willingness to carry everybody along while the losers gallantly bear the cross of defeat, hoping that there shall be another time to try again. As citizens, we are challenged to pray more for the peace and security of Plateau state. God, they say, rules in the affairs of men. My earnest prayer is for God to bless the state and all those who are determined to work together to build a heritage full of enduring legacies for the corporate benefit of both the present and future generations.
In the state, currently, things are happening in quick succession and, so, it is hard to track and predict any outcome with precision. Even authorities in rational expections theory could hardly say it certainty; not even prophets, soothsayers and/or magictians. This shows the days ahead will be puzzling and interesting.
As a citizen, my humble counsel to our justices always is to do what makes them worthy arbiters as required by ethics of their profession and worthy brokers of justice as expected by God who elevated them. Together, we are solemnly obligated to seek the corporate peace of the land and, add not to its woes. Only then can we be fit to be called worthy citizens.
In the school of life, never give up on your dreams too soon or celebrate them prematurely. There is so much uncertainty in the scheme of things in Plateau state but, there is high prospect for collective victory too. All things, the scriptures says, works for the good of those who believe in God. Therefore, whatever happens shall' end in praise because God is the ultimate authority. He alone is in charge of Plateau State!
