The Contradictory Judgments Putting Plateau State On Edge

With Nigerians yet to recover from the scandal that arose from the Senate valedictory address of Senator Adamu Bulkachuwa last June after he revealed that he helped senators to get judgment through his wife, a former president of the Court of Appeal, Hon Justice Zainab Bulkachuwa, another controversy from the same office at the apex of the judiciary is arising.

This time Justice Zainab Bulkachuwa’s successor, Hon. Justice Monica Dongban-Mensem from neighbouring Plateau State is unwittingly at the centre of attention over yet unfounded allegations pertaining to a macabre dance by the judiciary in her home state.

A former speaker of the Plateau State House of Assembly, Hon Istifanus Mwansat speaking on Arise News Television last Thursday described the developments in Plateau that have led to the reversal of the election gains of the Peoples Democratic Party, PDP as one of the wonders of the world.

The All Progressives Congress, APC came to power in Plateau in 2015 by default after Governor Jonah Jang took the unwise decision to foist his kinsman as his successor. The people revolted and handed over what was thought to be a PDP foothold in the Middle Belt to the All Progressives Congress, APC.

However, with nothing fantastic to report as a legacy after eight years with the notable exception of unexplained fortification of new villages peopled by strangers from outside the state, the people in 2023 chased the APC away from the plateau.

The bid by the immediate past governor to transit to the Senate was stopped as he was defeated in the Plateau South Senatorial contest by a new politician and former Air Force general, Senator Napoleon Bali.

In the election, Bali polled 148,844 votes to defeat Governor Lalong of APC with 91,674 votes.

The humiliation served Governor Lalong after eight years as governor that he was rejected in his Senate bid is sufficient reason to assert that his popularity at home is very suspect.

However, the Election Petitions Tribunal in a judgment that has shocked many on the plateau and indeed in Plateau South upturned the election of Senator Bali and returned the former governor who was more than 55,000 votes behind him.

Now what former Speaker Mwansat described as one of the wonders of the world began to take shape last September with the two tribunals in the state taking different decisions on the same facts and petitions.

The petitions against the PDP victories were framed on the claim that the party did not have a structure on the basis of the issues that preceded its congresses. However, the PDP claimed that it heeded the court order to repeat the congresses which unified the party.

However, many legal experts point out that the APC cannot challenge the nomination of PDP candidates as they are pre-election matters which the Supreme Court has repeatedly said should not be decided by election tribunals.

However, in Plateau one of the tribunals headed by Hon Justice Mohammed Tukur has been sweeping out PDP candidates on the basis of that claim. The other tribunal headed by Hon Justice William Olamide has heeded the Supreme Court precedence.

Besides the conflicting judgments between Tribunal 1 and Tribunal 2, is the inconsistency of the Court of Appeal on cases that the PDP say appear to favour the APC.

In petitions where the APC came second, the PDP winners are removed and returns are given to the APC. However, in other cases where another party came second and APC came third or below, the courts ordered a rerun for all parties. Stakeholders on the plateau are asserting that the inconsistencies in the judgment are framed to position the APC to return to political ascendancy after being defeated in the National Assembly and House of Assembly elections.

In Shendam/Quanpan/Mikang Federal Constituency, where the APC came second, the Appeal Tribunal sacked the PDP candidate and ordered that the APC candidate who came second should be given the certificate of return.

However, in Plateau North Senatorial District, where the APC came third after Labour which placed second, the Appeal Court ordered a rerun.

Similarly, in Bassa/Jos North Federal Constituency, where the PDP won and the PRP came second, the Appeal Court did not order the certificate of return to be issued to the PRP but rather called for a rerun.

These conflicting judgments have put the judiciary on the spot. Unfortunately, the President of the Court of Appeal, Hon. Justice Dongban-Mensem who comes from the same ethnic stock as Lalong, the Plateau State APC leader is increasingly being named simply because of their ethnic affinity.

There is no evidence that she is involved in the judicial macabre dance and the speculations about her could be simply incidental, and where not, being fanned by political mischief makers wanting to use her name and position to project their political interests.

It could also be that lower judicial officers could be creating these wonders simply to gain favour believing that they are helping her given the speculations that Lalong as governor pushed for her confirmation as President of the Court of Appeal.

It is against this background that Justice Dongban-Mensem must with all boldness assert the rule of law on the plateau and calm the growing tension in the state.

Justice Dongban-Mensem knows better that the PDP and APC members in Plateau are her brothers and sisters and that the legacy she leaves will only be upheld by her fidelity to truth.

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