Justice S P Gang of High Court 7, Jos this afternoon declared as unconstitutional and illegal the extension of tenure of the Yakubu Chocho led Care taker Committee of the Peoples Democratic Party (PDP) Plateau State chapter beyond August 10, 2020.


Hon. Bitrus Kaze and 11 others have instituted a suit against the PDP and 24 others challenging among other issues, the reappointment of Yakubu Chocho (2nd defendant) as Chairman and other members as Care taker Committee to run the affairs of the PDP in Plateau State for another period of 3 months after the expiration of the initial 3 months on 10, August 2020.


The plaintiffs also urged the court to declare that by the  principle of natural justice enshrined in the Latin maxim “nemo judex in causa sud”, the defendants were not eligible to act as Care taker Committee of the PDP in Plateau state, served as members of the state Party Congress, participate in the screening of other aspirants and also contest in the election for the State Executive Committee of the PDP in the state.

Recall that at the expiration of the 4 years tenure of the State Executive Committee of the PDP in Plateau State, the national body of the party appointed a Care taker Committee on May 10, 2020 which presided over the affairs of the party for 3 months period which elapsed on August 10, 2020. In his judgment today,  His Lordship, Justice Gang said the PDP acted in line with necessary provisions of the law when it constituted Care taker Committee to run the affairs of the party in the state after the expiration of 4 years tenure of the State Executive Committee for 3 months.


However, the court held that it was unconstitutional, unlawful, and illegal to have extended the tenure for another 3 months. The extension of the Care taker Committee beyond August 10, 2020 is therefore, null and void. The court also granted the relief sought by the  plaintiffs on the principle of justice and fair hearing stressing that the defendants were not supposed to be the judge in their own case. Having declared the extension of tenure of the PDP Caretaker Committee for Plateau beyond August 10, 2020 as null and void, the court further gave an  order directing the PDP to take all steps, action to conduct election for the PDP Executive Committee Members for Plateau State in accordance with the combined provisions of sections 223(1) (a) of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended) and section 85(3) of the Electoral Act 2010 (as amended) Article 49(1) of the Constitution of the Peoples Democratic party and Paragraphs 5.2-5.5 of the Guidelines for the conduct of the congresses.


The court also gave an order that plaintiffs should not be excluded from the election.


Speaking to newsmen after court session, counsel for the plaintiffs, Manir Abdullahi Esq. said he was greatful to God because justice was done. “We thank Almighty God for this great feat. All we are saying is that; there should be total democracy from the Ward to National levels in such a way and manner that every member of a political party is given the opportunity to vie for any position of their choice and the People are also given freedom to decide who to elect.  And however the people decided, so be it.


“Nobody should sit in an office and imposed candidates on political parties because it would not augur well for our democracy”, he said. 


On the implication of the judgment on the PDP in Plateau state, Abdullahi said that it means whatever action or activities carried out by the Care taker Committee after August 10, 2020 is a nullity. It therefore implies that the State Congress conducted by the Yakubu Chocho Committee on August 29, 2020 among other activities, is null and void. However, counsel for the defendants, P. E Dakyen Esq, refused to talk to newsmen, saying, he was not mandated to talk to the media on the matter.


This judgment, nullifying the PDP state Congress in Plateau state is the  second in one week. Recall that justice Boniface Ingyo of Plateau State High Court Pankshin Division on Monday in a ruling on a motion, granted the relief sought by the plaintiffs in nullifying the state Congress.


Watch out for detailed implications of the Court judgment on the forth coming by-election for Plateau South Senatorial District scheduled for December 05, 2020.