The controversy sparked by the removal of all federal and state lawmakers from Plateau State, as decreed by the Appeal Court, has reignited calls for an amendment to the electoral act. This development arises amid growing public dissatisfaction with perceived political injustices stemming from the Court of Appeal’s decisions regarding cases related to the 2023 general elections.
Recalling the sweeping judgment in November of the previous year, the Court of Appeal in Abuja dismissed all 16 members of the Peoples Democratic Party (PDP) in the Plateau State House of Assembly. The grounds for their removal included an alleged breach of a court order and a lack of political structure. Subsequently, the Appeal Court also ousted five PDP members from the House of Representatives, two senators, and Governor Caleb Mutfwang, though the Supreme Court later overturned Mutfwang’s dismissal.
While Mutfwang was relieved by the Supreme Court’s decision, state and federal lawmakers faced less fortunate outcomes, with their cases concluding at the appellate court. The Supreme Court, in its judgment, asserted that the issue of nomination falls within the internal affairs of a political party and is thus beyond judicial jurisdiction.
Reacting to this, a senior lawyer, Chief Mike Ozekhome, criticized the Appeal Court, contending that it deprived the people of Plateau State of their voting rights. He suggested a potential revision of the Electoral Act, directing such matters to the Supreme Court to prevent similar injustices.
Despite these challenges, the People’s Democratic Party (PDP) submitted petitions to the National Judicial Council (NJC) and the Federal Judicial Service Commission, seeking redress for its members ousted by the Court of Appeal. The PDP cited the Supreme Court’s judgment as the basis for its appeal.
However, legal opinions differ on the viability of seeking a review from the NJC, with some asserting that the NJC lacks the authority to revise judgments. The National Working Committee of the PDP remains determined to pursue justice for its members, emphasizing the need for corrective action against the perceived judicial overreach.
In response to the ongoing situation, a human rights lawyer, Femi Falana, urged the Supreme Court to reconsider some of its decisions on political cases. Additionally, calls for a constitutional amendment have emerged, proposing an adjustment to allow the Supreme Court to adjudicate cases related to state and federal legislative elections.
While the complexities of the legal process persist, various stakeholders express their opinions, emphasizing the need for fairness, justice, and potential reforms to safeguard the democratic process.