Member Representing Jos South/Jos East Federal Constituency of Plateau State in the House of Representatives Abuja Hon. Dachung Musa Bagos has replied one Barr. S. D. Dido for writing on the topic, “PDP Plateau State and the litigation hurdle ahead”.

Bagos in a swift rejoinder said the APC Sponsored Litigation against the PDP has failed, having spread false news that the PDP won’t be participating in the 2023 elections.

Full rejoinder:

“Our attention has been drawn to the above publication by one S.D. Dido, Esq., a card-carrying member of the Labour Party published it on his social media platform which we would have ignored but for the fact that he seems to now align the Plateau State Labour Party Gubernatorial Council with the All Progressives Party whom the God-loving people of Plateau State outrightly rejected the outcome of the Presidential and National Assembly elections held exactly a week ago on 25th February 2023.

“If the first paragraph of his social media post is anything to go by, then sincere advice is never done in public but in private having conceded that some of the “…PDP candidates that emerged winners of the National Assembly Elections that took place on 25th February 2023. Some of them are people I admire. Needless to say that most of their supporters are my friends with whom I rejoice for the overwhelming support they gave their principals”.

“If the writer who claims to be a lawyer knows the ethics of his Noble Profession, he would not have been “… constrained to advice that they celebrate with some level of moderation due to the impending litigation challenge that may very well see them tumbling down on their faces like a pack of cards” because it is a breach of Rules of Professional Conduct for Legal Practitioners for him to legal offer advice not sought for as it amounts to ambulance-chasing in the legal profession.

“Be that as it may, the god-fearing people of Plateau State have not forgotten the ill-fated events in Shendam of 18th February 2023 wherein the rejected APC Senatorial Southern Senatorial District of Plateau State promised the crowd which booed him that the PDP will not field any candidate at the National Assembly elections held on 25th February 2023. However, God who answers the prayers of Plateau citizens shamed the promiser as the PDP not only participated in that election, but the citizens of Plateau State kept faith with God by overwhelmingly electing PDP candidates in two out of the two declared Senatorial Seats and six out of the eight declared House of Representative Seats in Plateau State.

“The people of Plateau State have also not forgotten how lies were circulated that the PDP will not field any candidate stemming from a pre-election matter filed at the Federal High Court by a PDP member sponsored by the APC-led Plateau State Government in Suit No. FHC/J/CS/64/2022: Augustine Timkuk v. Independent National Electoral Commission & 6 Ors. which suit sought to disqualify all PDP candidates for the Gubernatorial, Senatorial, House of Representatives, and House of Assembly in Plateau State based on not long the judgment of Justice S.P. Gang which S.D. Dido, Esq. referred to but also the judgment of Justice A.I. Ashom and Justice I.I. Kunda which the APC-led Plateau State Independent Electoral Commission used to stop the PDP from fielding candidates at the Local Government Council elections held on 10th October 2021. In a judgment delivered on 2nd, December 2022, the Hon. Justice Dorcas V. Agishi of the Federal High Court in Jos upheld the Notices of Preliminary Objection filed by the different seats of defendants and struck out the case.

“The APC-sponsored litigation went on appeal at the Court of Appeal, Jos Division in Appeal No. CA/J/300/2022: Augustine Timkuk v. Independent National Electoral Commission & 6 Ors. In a judgment delivered on Saturday, 11th February 2023 (Courts sit every day including Saturdays, Sundays, and Public Holidays in pre-election and election matters), the Court of Appeal did not only uphold the judgment of the Federal High Court striking out the APC-sponsored case but went ahead to determine the matter on its merits by dismissing the suit seeking to disqualify all PDP candidates.

“If S.D. Dido, Esq. is a lawyer worth his wig and gown, he should have kept himself abreast of the law by reading cases every day as his learned colleagues do but he has abandoned the Court appearances and is busy jumping from one political event to the other that he did not know that the sail has been taken off his ship by the Courts recently.

“If S.D. Dido, Esq. has been reading his law reports instead of spending much time on social media platforms, he would have known that the judgment of the same Court of Appeal in Appeal No. CA/J/300/2022: Augustine Timkuk v. Independent National Electoral Commission & 6 Ors. delivered on 11th February 2023 which is later than the judgment of the same Court of Appeal in Appeal No. CA/J/EPT/PL/NA.215/2022: PDP & Anor. v. Adamu Muhammad Alkali & 2 Ors. which the Deputy Gubernatorial candidate of the Labour Party in Plateau State lost at both the Election Petition Tribunal and the Court of Appeal delivered on 28th October 2022 is no longer the position as the later decision of a Court overrules an earlier decision. It is not surprising that S.D. Dido, Esq. took out the pages that would have shown the lawyer who lost that case. Page 1 of what he posted jumped to page 21 and then nothing came after page 30 of the post. It is serious misconduct and trickery for a person to only post parts of a document that are favorable to him while conceding those parts that will not favor him.

“Regarding the decision of both the Election Petition Tribunal and the Court of Appeal in the Jos North/Bassa Federal Constituency, the PDP legal team led by the Deputy Gubernatorial candidate of the Labour Party in Plateau State failed to lead evidence before the Election Petition Tribunal to show that the PDP has conducted a fresh party congress in Plateau State in compliance with the judgment of the Hon. Justice Samson P. Gang even when he took part in the repeat congresses when he decamped to the PDP from the APC and now to the LP in less than four years. It was when the lawyers of the Defendants and later Respondents in the APC-sponsored case and appeal of Augustine Timkuk v. Independent National Electoral Commission & 6 Ors. availed the Courts of the INEC Report showing compliance that the APC-sponsored litigation was struck out and then dismissed by the Courts on merit.

“We all know that both the Gubernatorial and Deputy Gubernatorial candidates of the Labour Party in Plateau State both dined and wined with the rejected APC-led Government in Plateau State and Nigeria but left the APC when they lost the gubernatorial and senatorial primaries of the APC at various times. Hence, they are both APC members wearing the borrowed robes of the Labour Party which the wise voters of Plateau State will again demonstrate by voting their conscience just as we did on 25th February 2023. It is little wonder that it is now the Labour Party that has taken over the song sung by the rejected APC who before their mighty fall of 25th February 2023 was saying that the candidates of the PDP will not feature in the election. As they say, birds of the same feather flock together.

“We, therefore call on all Plateau citizens to demonstrate their love for God and State by once again voting the party under God which is the PDP come 11th March 2023.

“May God continue to bless the people of Plateau State as follow the path God has set for us despite what INEC did at the National level.

Rep. Dachung Musa Bagos
Rep.-Reelected
Jos South/Jos East Federal Constituency,
House of Representatives

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2023: PDP has No Case – Hon. Bagos