Some results of the March 9 governorship elections were challenged and judgements at the tribunal have elicited sundry reactions. Muhammad Tanko Shittu writes on the Plateau state experience.

In Plateau state the governorship election of 9th March, 2019, was declared, “inconclusive,” by INEC, which ordered “supplementary,” to conclude on 23rd March, 2019, whose results made incumbent Governor Simon Bako Lalong, candidate of the All Progressives Congress (APC), winner with significant differences of votes ahead of his closest opponent, ex-Senator, Jeremiah Tumbut Useni, of the Peoples Democratic Party (PDP).

Although Simon Lalong had contested with many opponents, besides the PDP candidate, however, Useni and his party, solely dissatisfied with the INEC’s “declaration” of Lalong as winner, opted to challenge the result. The petition came before Justice Halimat Suleiman’s led three-man election petition tribunal.

Governor Simon Lalong, and his party scored 595,582, while Jeremiah Useni and his party came second with 546,813 votes making the difference of 48, 769, between the two candidates. This difference generated the hiccups which the PDP and its candidate decided to challenge before the  election tribunal.

Grounds of petition:

Ex-Senator Useni and his party, petitioned on two grounds: one being an alleged presentation of false education qualifications by Lalong, who it was claimed presented in the INEC form CF001, Secondary School certificate obtained from GSS Shendam in 1982 bearing, Sule N. Bako Lalong, and others from School of Preliminary Studies (SPS), Keffi, his first and second degrees from both Ahmadu Bello University (ABU), Zaria and University of Jos, in 1991 and 1998 respectively.

They further averred that Lalong lied on oath, where he filled, “NIL,” on the column that asked whether he had ever changed his name, and now is using, Simon Bako Lalong. They sought the tribunal to disqualify him from contesting the election, and further to declare Useni winner of the election.

Secondly, the petitioners alleged “over-voting and other electoral irregularities,” all in favour of the 2nd and 3rd respondents being Lalong and APC. They presented 71 witnesses, 220 exhibits and further sought the tribunal to cancel all results that emanated from those polling units in favour of the respondents.

Respondents Defences:

Governor Simon Lalong in respond to the alleged presentation of false education information to INEC, averred that he had never presented false information, stressing that all the certificates he presented to INEC contained in form CF001 were rightly his. He said all the certificates bear his name and that he had since effected change of names, published on the page of Nigeria Standard Newspapers, as required by the law.

He presented 5 witnesses, tendered 95 exhibits, the APC presented 13 witnesses, 2 exhibits, while the 1st respondent, INEC neither presented witness nor exhibit.

On the second ground, the APC responded that it was merely an allegation, saying no over voting was done in its favour that would warrant cancelling any of its candidate’s votes. Both Lalong and APC urged the tribunal to discountenance and discard the grounds canvassed and sought by the 1st and 2nd petitioners, Useni and PDP.

The 1st Respondent did not call any witness nor tendered any exhibit while the 2nd and 3rd Respondent called 5 witnesses, 95 exhibits and 13 witnesses, 2 exhibits respectively.

Prejudgment issues:

At the hearing session, the petitioners had intended presenting a witness, which the respondents, objected to it on the ground that the witnessed was not listed among those to be presented by the petitioners, the tribunal ruled in favour of the respondents, and the petitioners appealed up to the Supreme Court, which latter ruled in favour of the petitioners.

The Supreme Court ruled, that the tribunal should heard the petitioners witness, prior to its judgement, though the Supreme Court ruling was delivered barely five days to the tribunal’s judgement, and while delivering its judgement Justice Halima Suleiman said they were not served the Supreme Court ruling. 

Judgement:

Terrential rain had initially delayed the judgement by an hour, but it was eventually delivered and it took some fours before Justice Halima Suleiman could finish reading the judgement.  

Justice Sulieman flanked by two other justices, who were unanimous with the judgement , said the first ground of the petitioners was unfounded and therefore, the 2nd respondent, Lalong, was qualified to contest in the election.

According to the tribunal, though Lalong lied on oath, but that it was not substantial and fundamental in nature to warrant his disqualification, since no one has claimed that the GCE, SPS, ABU and UniJos certificates were not his. Further, the Justice said having effected change of name as published on the page of Nigeria Standard Newspapers,  Lalong had satisfied the requirements of the law. It held that the alleged forgery of educational certificate was not proved by the petitioners, therefore “disqualifying the 2nd respondent cannot work, the tribunal hereby dismissed the ground.” 

The judgement further thrashed out the second ground of alleged over voting and electoral irregularities, saying the allegations was not substantially proved by the petitioners.

Its, however, cancelled 13 results out of the 71 polling units petitioned against by the PDP, the tribunal held that though some results were cancelled, it however, judged that the cancellation was not substantial to warrant, annulment of INEC declaration of Lalong, as duly elected and returned.

Justice Suleiman and her panel, held that despite the cancellation of 2,536 votes, Simon Lalong, still led by 46, 243 votes. She upheld and reaffirmed INEC declaration of Lalong as the winner of the election.

Jubilation:

Following the judgement, there was wild jubilations by APC supporters.  Though Lalong was in South Africa, he swiftly dedicated the victory to the people of the state, saying it was an affirmation of the mandate freely given to him and the APC in the last general election.

In a statement signed by his Director of Press and Public Affairs, Makut Manchan, Lalong said the, “verdict clearly speaks of the unshaken confidence the electorate demonstrated when they massively voted for him and the All Progressives Congress (APC) during the last general elections.”

“The verdict of the election petition tribunal not only affirms our mandate, but also shows that we are all winners as the people of the state will now have seamless governance since the distractions of litigations are now settled,” he enthused adding that, “there is no winner or loser in this verdict, Plateau State is the winner.”

Likewise, counsels to Lalong and APC, Pius Akubo, and Olusola Oke, commended the tribunal.

But unhappy with the verdict counsel to Useni and PDP, Edward Pwajok, SAN, said; “it’s not over until it’s over.”

A statement signed by, Yiljap Abraham, media consultant, to Useni, said they will appeal the verdict of the tribunal.

“Consequently, General Useni is convinced that there are many grounds to appeal the judgement.  He has, therefore, instructed the legal team to take all processes with immediate effect and proceed on appeal against today’s judgement,” he said.

But APC Secretary, Bashir Musa Sati, esq, said they are ready for the appeal, “but I am calling on the opponent to stop distracting the good intend of his excellency, Governor, Simon Lalong.”

“The tribunal judgement is a signal for Governor Lalong to do the good works he intended for the people of the State,” he said.

Sati was of the views that it is the constitutional rights of the opponents to appeal the judgement, “an we are fully prepared to defend people’s mandate and the grace of God we will still emerged victorious.” 

It is now certain that, Simon Bako Lalong, has for the second consecutive times, defeated his closet opponent, Ex-Senator, Jeremiah Tumbut Useni, having first won at the polls and now at the litigation tussle. As to what extent will Useni, dragged his litigation only time will tell.