Conflicting Judgments In Plateau, A New Scandal For Nigeria Judiciary – Kalu Agu

Prominent Abuja lawyer, Kalu Agu has cautioned the nation’s judiciary against throwing the nation into chaos saying that the conflicting judgments on election petitions in Plateau State pose threats to the nation’s democracy.

Agu spoke in an interview on Arise television in Abuja following increasing complaints by the Peoples Democratic Party, PDP of a plot to use the judiciary to wrest control of Plateau State from it to the All Progressives Congress, APC using conflicting judgments.

Noting that the Supreme Court had already ruled that pre-election cases should not be determined by election petition courts, he expressed concern over the use of the same pre-election cases to rule against PDP in Plateau.

Noting that the judgments have also been conflcting he noted how the tribunals are sacking PDP and awarding the seats to the APC where the APC came second and where the APC came third in the elections the tribunals and appeal courts are ordering for a rerun.

He said:

“Our worry is how can one panel nullify elections and order reruns based on contradictory grounds. The same panel nullified PDP’s election and ordered a rerun in one case because APC came third, while in another case, where PDP came first and APC second, the court nullified PDP’s election and directed INEC to withdraw the certificate of return issued to PDP candidates and to issue a fresh certificate of return to the APC candidates. This inconsistency is deeply troubling.”

Expressing concern on the tribunals going against precedence in arbitrating the internal affairs of the PDP as against judicial precedence, he said:

“Why would our courts declare jurisdiction on matters of the internal affairs of the party? The judiciary has found itself in another scandal, eroding the public’s faith in the legal system. Justice should not only be done but should be seen to have been done. When an ordinary man on the street loses faith in the judiciary, it may lead to anarchy.”

Regarding the ongoing legal challenges, Agu stressed the urgency for the judiciary to address the conflicting judgments as have been alleged in Plateau State.

“The problem we are facing at the moment is that if the PDP is requesting the disbandment of the appeal panel for these cases, it may not be in their best interest. The court has only 60 days to hear and determine all the appeals before it, and I know that the 60 days are almost spent. So, it may not really be a good approach. The best approach would be for the judiciary to take action on this matter.”

He questioned the basis for disqualifying candidates based on disobedience of a court order, stating, “When did disobeying a court order become a disqualifying factor as provided in the 1999 Constitution of the Federal Republic of Nigeria? Section 66 of the constitution itemised all the disqualification factors, and disobedience of a court order is not part of it.”

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