The Supreme Court judgements, which recently reversed the sack of the governors of Kano, Plateau and Zamfara states and affirmed the election of the governors of Lagos, Bauchi, Abia, Benue, Cross River and Ebonyi states have been applauded by most Nigerians. They were praised simply because they complied substantially with the law and not based purely on mere technicalities as witnessed in some of earlier Supreme Court judgements in recent times.
The judgements were also lauded because they reflected the wishes of the people as expressed by their votes during the 2023 elections. With these laudable rulings, the apex court justices have redeemed the battered image of the judiciary arising from many questionable judgements on election matters. They have inadvertently restored the people’s confidence in the judiciary as the last hope of the common man. Most Nigerians also believe that the reversal of the sack of the governors of Kano, Plateau and Zamfara states saved our fledgling democracy and the country of impending anarchy.
The justices of the apex court had berated the judgements of the appellate court, which nullified the elections of the governors of Kano, Plateau and Zamfara states for flouting the nomination rules of their political parties. They described the judgements as perverse. They had harsh words for the justices of the appellate court for sacking two senators, five members of House of Representatives and 16 state House of Assembly members of the Peoples Democratic Party (PDP) in Plateau State based on non-compliance with party’s nomination rules.
Delivering the lead judgement, Justice Inyang Okoro noted: “My only worry is that a lot of people have suffered as a result of the Court of Appeal’s decision. It was absolutely wrong.” There is urgent need to right this wrong in Plateau State and resolve the raging crisis in the State House of Assembly.
It is absurd that the appellate court justices nullified the election of these lawmakers despite the apex court ruling that the nomination and qualification of a candidate in an election is a pre-election matter. They committed this legal blunder in spite of apex court ruling that the membership of a party is a private affair of the party as well as how it conducts its primary election.
The apex court judgement has equally raised a lot of issues on future adjudication of election matters and where they will terminate, the quality and temperament of judges appointed to preside over election matters and the roles of the courts in determining the winners and losers of our elections instead of being determined by the electorate.
However, the most crucial issue raised by the Supreme Court judgement in upholding the election of Governor Caleb Mutfwang of the PDP Plateau State is how to remedy the injustice done to Plateau lawmakers by the appellate court. Despite condemning the judgement of the appellate court, there was no remedy to the aggrieved Plateau lawmakers.
While election petition matters pertaining to federal and state lawmakers terminate at the Court of Appeal, the injustice of the appellate court in the case of Plateau lawmakers must be urgently addressed. Asking the aggrieved lawmakers, the victims of judicial rape to wait till the next election is evading the issue at stake. It does not offer relief or remedy to the victims. The wrongs done to Plateau lawmakers must be addressed. This particular miscarriage of justice must be revisited and remedied. There is need to ensure that they get justice. It must not be swept under the carpet.
The people of Plateau State should not be robbed of their rightful representatives. We call on the National Judicial Council (NJC) to wade into the matter and ensure that justice is done. This is perhaps the only way to demonstrate that judiciary is still the last hope of the common man.
The case of the Plateau lawmakers has justified the call for all election matters to terminate at the Supreme Court. Doing so will curb the miscarriage of justice and flagrant abuse of court process. Above all, let the NJC review the quality of judges saddled with election petition matters.