Yakubu Busari
A Three Man Committee of the Local Government Election Petition Tribunal Holden at Jos Plateau State on the 18th November, 2021 ,has commenced sitting on petition filed by Nasiru Aliyu Haruna challenging Tanim Muhammad Suleiman ,the All Progressive Congress ,APC,and Plateau State Independent Electoral Commission ,PLASIEC ,in a suit No PL/LGEPT/J001/21 seeking the order of the tribunal disqualify the candidature of Tanim Muh,’D Suleiman .
The Chairman of the Tribunal ,Hon.Justice Adamu Ajiji Zella ,and two members of the Tribunal Hon .Eric Danboyi and Hon .Simon Mom have promised speed dispensation of justice to the aggrieved party and repose on the tribunal confidence of discharging their function effectively without fear or favour .
The inaugural sitting held at the Local Government Council Petition Tribunal at the west of mines on the 18th November, 2021 in Jos ,Justice Adamu Zella says ,it gives him great pleasure to welcome members to ,Nigeria Bar Association ,Attorney General of Plateau ,the media and litigants who honoured the occasion .
He expressed profound gratitude to the chief judge of Plateau state Hon.Justice G.Y.Dakwak for the rare opportunity and confidence he has reposed on the tribunal to undertake the delicate exercise of determining petitions from the conduct of the 9th October, 2021 LG election in Plateau state .
According to him, it is just mere alleging obvious that elections no matter how well conducted ,there are bound to be complaints hence ,the law provides for the setting up of election tribunal to inter Alia ,speedily determine election matters which are by their nature suit generis within the scheduled time frame as provided by law .
Hon .Zella said as a necessary ,the procedures for challenging an election under the electoral act 2020 (and in instant case under PLASIEC law ) is by way of an election petition complaining of either an undue election or undue return.
He stated that in legal parlance ,it is common knowledge that election petition as Earl I stated ate suit generis where means special ,or put in another expression ,proceedings of its own kind or class ,unique or peculiar .
Justice Adamu reiterated that they are regarded with an aura that places them above and beyond normal day to day transactions between individuals which gives rise to ordinary claims in court.
He emphasized that as a matter of deliberate policy to enhance urgency ,election petition are expected to be devoid of procedural clogs that cause delay in the disposition of the substantive dispute .
Hon Adamu Ajiji stressed that by virtue of section 86(2) of PLASIEC law an election tribunal shall deliver its judgment in writing within 90 days from the date of filing of the petition .
The Judge explained further that on the record at the tribunal registry there is one one petition file on the 29th October, 2021 in petition No:PS/LGEPT/J001/21 ,between Nasiru Aliyu Haruna petitioner versus Tanim MHD Suleiman and 2 others respondents .
He added that flowing from the above as its relates to computation of time ,21 days has so far elapsed as of today out of the 90days prescribed under section 86(2) PLASIEC law to hear and determined the lone petition .
Hon Adamu said against the backdrop of the foregoing ,we therefore require the maximum cooperation of all major stakeholders especially leaders from the bar involved in the petition .We expect the proceedings to the conducted with decorum ,high sense of responsibility and dedication in or quest to abide to a just decision in the petition before us .
He maintained that it is our duty to ensure compliance with the law by doing what is needed within the time frame it may be difficult but it a sacrifice we must take in the interest of our democracy .
Hon Adamu pointed out that as part of the tribunal ,we want to reassure all stakeholders that the tribunal will work assiduously in accordance and within the dictates of the constitution and the law to dispensed justice to all without fear or favour ,affection or ill will.
The Chairman of tribunal ,Justice Adamu Ajiji Zella adjourned the sitting until the 25th November, 2021 to entertain the preliminary Objections ,PO,by the respondents counsels .
Responding on behalf. of the Plateau State Attorney General ,Barr Mrs R.J.Dakok the head of solicitors says ,the Plateau people have been waiting for a day like this particularly those aggrieved persons to ventilate their grievance believing that the tribunal will do Justice to them.
She applauded the chief judge of Plateau state for sitting in the petition tribunal to provide platform of justice to all because if the tribunal sit here without petition file we won’t give opportunity to ventilate their anger .
Mrs Dakok assured Plateau citizens of delivery Justice especially the general public whom might be waiting patiently for the outcome of the petition .
She charged the media on objective reportage and balance reports durian the proceedings saying, please pressmen do the needful and avoid wrongful side which might affect the public .
We encourage you all to present the truth and factual reports which she pledge their unalloyed support to the tribunal to deliver balance judgment .
The Representative of the Commissioner of Police ,S.B. Obinna of A ,Division assured the tribunal of security protection that promised to promote peaceful sitting throughout the period of proceedings .
He encouraged everyone to remain committed to the interest that no miscreants would be allow close to the tribunal venue .
