A Civil rights advocacy group, Human Rights Writers Association of Nigeria (HURIWA), has expressed concern over what it termed “contradictory judgments” by the Plateau State Election Petitions Tribunal.
The National Coordinator, Emmanuel Onwubiko, at a news conference in Abuja on Sunday, said there was need for the judiciary to “adhere to the principles of fairness, justice and impartiality in its service delivery to restore public confidence in the judiciary”.
He said that the recent tribunal judgment in Plateau and the inconsistency with established legal norms and principles, had raised some concerns about the independence of the judiciary.
“These concerns go beyond post-election matters and extend to pre-election cases which, according to established legal precedent, should not be revisited at the appellate level,” he said.
Onwubiko said that it was a thing of concern that in some instances where the All Progressives Congress (APC) came second, the winner was removed and the certificate of return was given to the APC.
He added that in other cases where the APC came in third or lower, the courts ordered a rerun.
He observed that in the case of Plateau North Senatorial District won by Simon Mwadkwon of the PDP, APC came third and the tribunal annulled the election and ordered a rerun.
He cited another case of Jos North/Bassa Federal Constituency won by Musa Agah of the PDP with the APC candidate also coming third.
“The panel annulled the victory of the PDP and ordered a rerun, excluding the PDP.
“In the third Appeal Case of Shendam/Quan-Pan/Mikang Federal Constituency won by Isaac Kwallu of the PDP, John Dafwan of the APC came second.
“Here, the Appeal Court Justices, in Court of Appeal No. CA/J/EP/PL/HR/18/2023, annulled the victory of the PDP candidate.
“The court declared the APC candidate winner and ordered that the Certificate of Return issued to the PDP candidate be witdrawn and a fresh Certificate of Return issued to the APC candidate.”
He wondered how pre-election matters, including issues around nomination of candidates, which the Supreme Court has settled, were used by the panel in its judgments.
“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 stated.
Onwubiko said that the integrity of the judiciary was paramount in upholding the rule of law and ensuring fair and just elections.
He called on the judiciary to be transparent in its decision-making process and provide clear explanations for its judgments as accountability was essential to maintaining the public’s trust in the judicial system.
“We emphasise 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.
“We urge the relevant authorities to review and reconsider recent judgments in Plateau that appear to be inconsistent with established legal norms, especially in respect of pre-election matters.
“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,” he said.
While reaffirming HURIWA’s commitment to the rule of law, democracy and justice, Onwubiko pledged that the organisation would monitor developments in Plateau and across the nation to ensure that the rights of the people are upheld.
He called on all stakeholders, including the judiciary, political parties, and the public, to work together to protect and uphold the values that define Nigeria as a nation.
