Politics
Frequently Asked Questions About The Status Of PDP In Plateau State
The APC in Plateau State has been peddling untruthful information about the status of PDP in Plateau State.
HERE IS THE TRUTH!
- Is it true that the PDP in Plateau State has had leadership tussle? Yes!
- Following the painful loss of the 2019 Governorship Elections, many party faithfuls were displeased with the leadership of the then Chairman, Hon. Damishi Sango and presurrised him to resign.
- After much resistance, Mr. Sango resigned and a Caretaker Committee headed by the then Organising Secretary, Hon. Gwot Chocho was appointed to run the affairs of the PDP.
- That PDP validly held its repeat congress on the 25th of September, 2021 and the said Congress was monitored by INEC which report was tendered in evidence.
- Before the election of August 9, 2020, a party Chairmanship Aspirant, one Bitrus Kaze went to Court to challenge the Chocho led Caretaker Committee.
- On November 26, 2020, Justice Gang ruled in favor of Hon. Bitrus Kaze and ordered that the Chocho led Caretaker Committee be dissolved to pave way for a fresh congress.
- Due to a lot of Court cases arising from the 1st congress, the stakeholders of the party on their own agreed to dissolve the Chris Hassan led EXCO elected from the 1st Congress and appointed a Caretaker Committee led by Senator Tunde Ogbeha which conducted a Fresh State Party Congress on September 25, 2021, in which Hon. Chris Hassan re-elected as Chairman.
- Was this repeat Congress duly monitored by INEC? Yes!
And INEC submitted its report titled ‘’Comprehensive Report of Repeated Congress of the Peoples Democratic Party’’ dated 25th September, 2021.
- Did Bitrus Kaze who challenged the Chocho led Caretaker Committee participate in the Repeat Congress?
Yes, he did. He polled 186 votes as against Hon. Chris Hassan’s 1,526 votes. Hon. Bitrus Kaze congratulated Hon. Chriss Hassan and was also at the Swearing in of the EXCO together with his supporters like Lt. Gen. J.T. Useni and Hon. Damishi Sango.
- Has there been any Court Case against this Repeat Congress of September 25, 2021?
Yes. In the case of Augustine Timkuk Vs PDP, the APC masterminded this suit in order to nullify all PDP primaries in Plateau State. The Federal High Court in Jos dismissed the suit and the Court of Appeal Jos Division affirmed the judgement.
- What important findings did the Federal High Court make in Augustine Timkuk’s Case?
- That PDP complied with every existing Court Order regarding its State EXCO and therefore was not in disobedience with any Court Order.
- That PDP validly elected a new State EXCO in accordance with its constitution and therefore had the right structure required of a party in place.
- Did all the 17 Local Governments participate in the Repeat Congress?
Yes. The 17 Local Government Areas in Plateau State and all Ward EXCOs and ad hoc delegates totalling 1,600 persons participated in the repeat congress. Only the Exco members of 5 Local Governments Areas, totalling about 85 were excluded for various local reasons.
- Where did the repeat congress take place?
The repeat congress of the PDP took place at Langfield event centre, Rayfield in Jos South Local Government Area of Plateau State.
- Did the JUDGMENT of the Plateau State High Court by Justice SP Gang affect the concluded congresses at the Ward, Local Government or Zonal levels? No!
The judgment of the Plateau State High Court in suit no. PLD/J304/2020 only affected the eligibility of the Chocho led Caretaker Committee to participate in the 1st Congress which in any case was eventually cancelled by mutual consent of PDP stakeholders to pave way for the repeat Congress of September 25, 2021, because Bitrus Kaze who was not an EXCO member of the party at any level wrote to PLASIEC (Plateau State Independent Electoral Commission) and demanded the exclusion of PDP.
9. Does PDP have any judgment(s) that confirmed the repeat congress after September 25, 2021? Yes!
There two judgments that validated and confirmed the repeated congress of the PDP. The Judgments are both by the Federal High Court Jos Division and Court of Appeal Jos Division. The particulars of the judgments are:
SUIT NO: FHC/J/CS/64/2022: BETWEEN: AUGUSTINE TIMKUK V. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) & 6 ORS (Federal High Court)
APPEAL NO: CA/J/300/2022: BETWEEN: AUGUSTINE TIMKUK V. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) & 6 ORS delivered on the 11th day of February, 2023 (This is the most recent judgment that confirmed the congress report of the PDP)
10. At the Tribunal what are some of the pieces of evidence that PDP tendered to show that PDP did not disobey any court order?
The PDP led evidence and tendered the following documents.
a) CERTIFIED TRUE COPIES COMPREHENSIVE REPORT OF INEC ON THE REPEATED CONGRESS DATED 25TH SEPTEMBER, 2021
b) SUIT NO: FHC/J/CS/64/2022: BETWEEN: AUGUSTINE TIMKUK V. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) & 6 ORS (Federal High Court)
c) APPEAL NO: CA/J/300/2022: BETWEEN: AUGUSTINE TIMKUK V. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) & 6 ORS delivered on the 11th day of February, 2023
d) VIDEO EVIDENCE OF BITRUS KAZE CONGRATULATING CHRIS HASSAN DURING THE REPEAT CONGRESS.
e) EVIDENCE THAT NO LGA WAS EXCLUDED DURING THE REPEATED CONGRESS
f) EVIDENCE OF COMPLIANCE THE JUDGMENT OF JUSTICE SP GANG
g) EVIDENCE TO SHOW THAT PDP HAS A STRUCTURE IN PLACE IN PLATEAU STATE
h) EVIDENCE TO SHOW THAT NO COURT OF LAW HAS NULLIFIED THE REPEATED CONGRESS.
11. Was PDP in existence in Plateau State as at the time of the conduct of the 2023 general elections?
Yes. The structure of the PDP in Plateau State came into existence since on the 25th September, 2021 when the repeated congress was held and no one challenged the congress let alone any court nullifying the repeated congress.
12. What is the position of the Nigerian Law on the Appropriate Court to determine the validity of Party Congress?
Being a pre-election matter, the jurisdiction for all pre-election matters rest with the Federal High Court.
13. What is the duty of an Election Tribunal and the Court of Appeal thereafter? The duty of the Tribunal and the Court of Appeal is centrally to determine who was validly elected and not to determine the validity of the congress of PDP because the challenge to the validity of the congress report can only be activated in a regular court and not at the Tribunal. Thereafter, the Court of Appeal can only decide if the Tribunal was right or wrong.
14. Were the candidates of the PDP nominated and sponsored by the State Chapter of the party?
By section 50 of the PDP constitution 2017 as amended, it is the duty of the National Executive Committee or National Working Committee of the PDP to nominate and sponsor candidates for all national elections and in the case of Plateau State, all the candidates were validly nominated and sponsored by the national leadership of the party.
15. Is the National Executive Committee of the PDP that nominated all the candidates of the PDP in Plateau State in disobedience of ANY alleged court order?
There was no evidence anywhere to show that PDP at the national level that sponsored and nominated PDP candidates in Plateau State is in any disobedience of any court order.
16. What was the basis of the judgment of the Court of Appeal against PDP?
The judgment of the Court of Appeal sacking Plateau State candidates of the PDP was on the basis of an alleged but unproved disobedience to court order. Evidence before the Court showed PDP had complied with every known Court Order.
17. Did the Court of Appeal make reference to the decisions of the Federal High Court and Court of Appeal which favoured the PDP? No!
The Court of Appeal refused to use the evidence of compliance with the judgment of the Plateau State High Court which were all tendered in evidence before the court and no objection was raised as to the admissibility of those documents.
18. Did PDP in Plateau State breach any law before the 2023 general election? No!
PDP in Plateau State did not contravene any known law before the conduct of the general elections and that is why the names of all the candidates of the PDP were accepted and published by INEC.
19. Did any member of the opposition party challenge the names of the PDP candidates after same were published by INEC? No!
20. Did any aspirant who participated in the primary election of the PDP challenge any of the candidates? No!
All the ASPIRANTS of the PDP in Plateau State at the primaries were all satisfied with the process.
21. Did the opposition tender any court judgment that nullified the repeat congress of the PDP at the trial? No!
Because there is no such judgment in existence anywhere in the world instead, they relied on judgments which the courts in those judgments only said PDP did not produce evidence to show that it had complied. However, in the present trial the evidence that was missing in the previous cases was before the court, yet the court refused to use and apply the evidence.
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