Politics
Taraba Guber Poll: Tension Mounts As Appeal Court Decides, Today
The Abuja division of the Court of Appeal will today deliver its verdict in the appeal brought by the All Progressive Congress (APC) seeking to reverse the judgment of the Taraba State Governorship Election Tribunal, which affirmed the re-election of Governor Darius Ishaku of the Peoples Democratic Party in the March 9, 2019 governorship poll in the state.
Already, there is mounting tension in the state among supporters of the APC and the Peoples Democratic Party, ahead of the judgment.
This is demonstrated by their large turn up in Abuja where the judgment will be delivered.
A three-man panel of the tribunal led by Justice M.O. Adewara had in a unanimous judgment of September 20, 2019, dismissed the petition by the APC and its candidate, Abubakar Danladi on the grounds that the petitioners failed to prove their claims that the election was marred by irregularities and substantial non-compliance with the Electoral Act.
The tribunal further held that Danladi was not qualified to contest the March 9 governorship election.
It would be recalled that before the March 9, 2019 governorship election, the Federal High Court sitting in Jalingo, Taraba State, had disqualfied Danladi and equally restrained his political party, the APC from Fielding him as a governorship candidate.
Attempts by Danladi to overturn the order of the Federal High Court that disqualified him were unsuccessful at Court of Appeal and Supreme Court respectively.
Following the above development, the petitioners had on July 10, 2019, withdrew the petition on ground of the disqualification of Abubakar Danladi by the Supreme Court and the petition was accordingly disimissed.
However, on July 13, 2019, the petitioners filed a motion and prayed for an order setting aside the order of dismissal and asked that the petition be relisted.
The tribunal on August 9, 2019 granted the petitioners motion, set aside the order of dismissal of the petition and same was relisted, thereafter, Danladi ceased to participate in the proceedings.
Delivering its judgement after close of hearing, the tribunal held that a Federal High Court in Taraba State had given a judgment on March 6, 2019, in a suit marked FHC/JAL/CS/01/2019, disqualifying Danladi from contesting the election.
It noted that the affirmation of the judgment by the Supreme Court implied that the APC had no valid candidate in the election.
Besides, the tribunal explained further that even if the petition was to be considered on the merits, the petitioners failed to lead sufficient evidence to establish their claims that the governor was not validly elected by a majority of lawful votes.
Dissatisfied with the judgment of the tribunal, the All Progressive Congress, without its candidate, Danladi, approached the Court of Appeal marked CA/A/EPT/934/2019, on October 3, 2019, in petition No: EPT/TR/GOV/01/2019, for an order setting aside the decision of the tribunal.
In the said notice of appeal, the party contended that the tribunal erred in law and occasion a miscarriage of Justice in arriving at its decision dismissing the petition.
Meantime, the Peoples Democratic Party (PDP) has urged the Court of Appeal to dismiss the appeal with punitive cost as same is frivolous and unmeriterious.
The party in its brief of argument filed by its counsel, Chief Solo Akuma (SAN) noted that the appeal by the APC did not include the name of its candidate, Danladi as a person who would be directly affected by the outcome of the appeal.
Citing several case laws, Akuma argued technically, that a party to a suit is not allowed to unilaterally alter a case as constituted from the trial court and that names of parties must be maintained on appeal except as may be ordered by the court.
He submitted that, the unilateral alteration of the parties in the petition, as shown on the face of the notice of appeal, without the name of Danladi, who was the first petitioner at the tribunal renders the said notice of appeal incompetent and liable to be struck out.
Akuma specifically drew the attention of the Court of Appeal to its decision wherein it held thus: “It is now trite law that an appellant or a party seeking to appeal as an interested party cannot rearrange or reconstitute the parties to an action as constituted in the lower court at appellate court. The parties on record at the lower court must be retained at appellate level…the structure of the parties cannot by unilaterally changed or amended by any of the parties to an appeal.”
On the merit of the appeal, the PDP urged the Court of Appeal to hold that the appeal lacks merit and should be accordingly struck out.
The Court of Appeal is expected to give judgment today after the adoption of briefs of arguments by counsel to parties in the appeal.
The state chairman of the party, Dr Babandi Gumel, disclosed this in a statement signed and made available to journalists on Saturday.
According to the statement, the Jigawa PDP received news of Alhaji Lamido’s suspension with “profound shock and disappointment”.
The statement added that the suspension, which was reportedly based on allegations that Alhaji Lamido attended meetings capable of undermining party unity, amounts to an affront to justice, internal democracy and the reconciliation efforts recently championed by the PDP leadership.
The party stressed that the exercise of legal and constitutional rights within the party should not be interpreted as an act of disunity. It recalled that Alhaji Lamido approached the court after he was allegedly denied the opportunity to purchase a nomination form to contest the position of National Chairman of the PDP.
The statement further noted that the Federal High Court in Abuja, presided over by Justice Peter Lifu, ruled in Alhaji Lamido’s favour by restraining the PDP from proceeding with its national convention until his right to contest was determined.
The Jigawa PDP argued that the suspension appeared to be a punitive action against Alhaji Lamido for seeking judicial redress over an issue on which the court had already found merit.
The party also faulted the decision of the BoT for contradicting recent public statements by its chairman, Senator Adolphus Wabara, who had emphasised reconciliation within the party, admitted past mistakes and appealed to aggrieved members to return fully to the PDP fold.
However, it maintained that suspending a founding member who sought justice through legal means runs contrary to the spirit of reconciliation and healing publicly advocated by the party leadership.
The chairman said the suspension was premature and prejudicial, as the matter remains before the courts. He also described Alhaji Lamido as one of the few founding fathers of the PDP who has remained loyal to the party without defecting, warning that punishing such loyalty sends a negative signal to other committed members.
The party further argued that the action undermines party unity at a time when the PDP requires cohesion to effectively challenge the ruling All Progressives Congress (APC). It also insisted that there is no provision in the PDP constitution that allows for the suspension of a “life member”.
The party called on the BoT to immediately and unconditionally withdraw the suspension of Alhaji Lamido.
It also demanded that the BoT publicly affirm the right of all party members to aspire to leadership positions in line with the party’s constitution and the laws of the country, without fear of victimisation.
It further urged the BoT to retrace its steps, align its actions with its reconciliation agenda, and tender an apology to Alhaji Lamido.
The Jigawa PDP reaffirmed its commitment to a united, democratic and law-abiding Party.
In a statement signed by its Executive Director, Comrade Auwal Musa Rafsanjani, CISLAC warned that if proven, such actions would amount to a serious breach of constitutional order, legislative integrity, and public trust.
The organisation noted that Nigeria’s law-making process is clearly defined by the Constitution, stressing that any alteration of a bill after parliamentary passage undermines democratic governance and the principle of separation of powers.
CISLAC further emphasised that taxation has direct implications for citizens, businesses, sub-national governments, and the overall economy. It stated that uncertainty or a lack of transparency in tax legislation could erode investor confidence and raise concerns about accountability and the possible abuse of executive power.
The organisation described the situation as particularly troubling given the rare inclusive, and thorough public consultation that shaped the law’s final provisions prior to its passage.
“This process brought together taxpayers, civil society groups, professional organisations, the private sector, labour unions, local governments, and technical experts, ensuring that diverse viewpoints were considered and carefully balanced.
“Any unilateral changes to these agreed-upon provisions, made outside the established legislative process and without renewed public engagement, not only breach public trust but also violate the fundamental tax principle of representation, which holds that citizens must have a meaningful voice in shaping the laws that govern how they are taxed. Such actions undermine democratic accountability, weaken the legitimacy of the tax system, and risk eroding public confidence”, it noted.
CISLAC expressed particular concern that uncertainty surrounding the authenticity of the tax law, coming at a time when a new tax regime is expected to take effect, could exacerbate the economic hardship already faced by many Nigerians.
It observed that citizens are contending with rising living costs, inflationary pressures, declining purchasing power, and reduced access to basic services, warning that implementing a disputed tax framework under such conditions, risks deepening inequality, discouraging compliance, and fuelling public resentment.
The organisation stressed that tax reforms must be anchored in clarity, legality, fairness, and social sensitivity, cautioning that any tax system introduced without full transparency, adequate public communication, and legislative certainty undermines voluntary compliance and weakens the social contract between the state and its citizens.
As part of its recommendations, CISLAC called on the Presidency to urgently publish the exact version of the tax law assented to, alongside the authenticated copy passed by the National Assembly, to allow for public and institutional verification.
It also urged the leadership of the National Assembly to promptly exercise its oversight powers to determine whether the assented law reflects the will of the legislature, including a review of the enrolled bill process.
The organisation maintained that any discrepancy discovered should be treated as unconstitutional and addressed through lawful means, such as the re-transmission of the correct bill or judicial interpretation where necessary. It further called for an independent review of the process by relevant institutions, including the Office of the Attorney-General of the Federation and, where required, the judiciary, to establish the facts and assign responsibility.
CISLAC noted that the controversy highlights the urgent need to strengthen safeguards at the legislative and executive interface. It recommended measures such as digital tracking of bills, public access to enrolled legislation, and more transparent assent procedures.
CISLAC emphasised that the issue is not about partisan politics but about safeguarding the integrity of Nigeria’s democratic institutions. It warned that allowing any arm of government to unilaterally alter laws passed by another sets a dangerous precedent and weakens constitutional democracy.
The organisation urged all parties involved to act with restraint, openness, and fidelity to the Constitution, noting that Nigerians deserve laws that reflect due process, the public interest, and the collective decisions of their elected representatives.
CISLAC added that it will continue to monitor developments and engage relevant stakeholders to promote accountability, transparency, and the rule of law in Nigeria’s governance processes.
