From Okwe Obi, Abuja
Human Rights Writers Association of Nigeria (HURIWA), has charged the judiciary to be upright and to maintain independence in the discharge of its duty.
The group noted that the call became expedient following what it called “contradictory judgement” in the Plateau State Election Petition Tribunal which he claimed that the verdicts cast a doubt on the credibility of the court.
Its National Coordinator, Emmanuel Onwubiko at a press conference yesterday in Abuja, said he was not pleased with the outcome of the Plateau North Senatorial District in which Sen. Simon Mwadkwon of the Peoples Democratic Party (PDP) won but the court ordered a rerun among the contending parties.
Onwubiko also complained of the outcome of the case of Jos North/Bassa Federal Constituency which was won by Musa Agar but the Panel in its judgment in Court of Appeal No. CA/J/EP/PL/HR/14/2023 delivered on Friday 27th October 2023 annulled the victory of the PDP and ordered a rerun excluding the PDP.
In addition, he made reference to the Appeal Case of Shendam/Quaan-Pan/Mikang Federal Constituency, won Isaac Kwallu of the PDP with John Dafwan of the APC as runner-up in which the Appeal Court Justices in Court of Appeal No. CA/J/EP/PL/HR/18/2023 annulled the victory of the PDP candidate, declared the APC candidate as the outright winner, and ordered that the Certificate of Return issued to the PDP candidate be withdrawn and a fresh Certificate of Return issued to the APC candidate.
“Recent events in Plateau State have cast a shadow of doubt and suspicion over the integrity of our judicial system, raising questions about its impartiality and its role in ensuring fair and just elections.
“This troubling trend is not limited to post-election matters but also includes pre-election cases that, according to established legal precedent, should not be revisited at the appellate level,” he said.
He added: “The Appeal Courts in Plateau State have issued contradictory judgments that have left the public bewildered.
“In some cases where the APC came in second, the PDP candidates were removed and the certificate of return was given to the APC, while in other cases where the APC came in third or lower, the courts ordered a rerun. This inconsistency is alarming and raises suspicions of bias.
“Pre-election matters, which are not typically revisited at the appellate level, have been subjected to judicial review. This has led to the overturning of victories recorded by the PDP in the 2023 elections, which undermines the democratic process.
“The issue of nomination and sponsorship was the crux of the APC’s petition and all other petitions, which are pre-election matters that the Supreme Court has since settled. The Court of Appeal deliberately chose not to look at the evidence of the PDP before the tribunal.
“The Court of Appeal did not deliver the judgments based on the law and the facts, as the law, as it is, are quite different from the position of the Court of Appeal.
“PDP complied with the order of the Plateau State High Court by conducting a repeat congress on September 25, 2021, insisting that none of the parties in the said order of the High Court ever challenged the repeat congress after the congress.
“We wonder why the Court of Appeal did not consider the Report of the Repeat Congress as tendered and admitted in evidence as the Repeat Congress clearly showed that the PDP complied with the order of the Plateau State High Court
“The integrity of the judiciary is paramount in upholding the rule of law and ensuring fair and just elections. We urge the following actions:
“Transparency and Accountability: We call on the judiciary to be transparent in its decision-making process and provide clear explanations for its judgments. Accountability is essential to maintaining the public’s trust in our justice system.
“Judicial Independence: We emphasize the need for the judiciary to maintain its independence from political interference. Judges must be guided solely by the law and the Constitution, regardless of their personal or political affiliations.
“Review and Reconsideration: We urge the relevant authorities to review and reconsider recent judgments in Plateau State that appear to be inconsistent with established legal norms, especially in pre-election matters.
“Public Confidence: The judiciary must work to restore public confidence by adhering to the principles of fairness, justice, and impartiality. This is essential to preserving the sanctity of our democracy.”