It's been over a month since the appeal court pronounced Mr Lalong senator but he has yet to present himself for inauguration.
In November, the Court of Appeal, Abuja Division, declared Simon Lalong as the elected senator representing Plateau South, ending months of legal battle over the senatorial election.
The three-member panel of the appellate court sacked Napoleon Bali of the Peoples Democratic Party (PDP) on the ground that he was not properly nominated as the candidate of the party for the 25 February election.
The court ordered the Independent National Electoral Commission (INEC) to issue a certificate of return to Mr Lalong, the candidate of the All Progressives Congress (APC) in the election.
INEC has since issued the certificate to Mr Lalong in line with the court order.
Mr Lalong, 60, is currently a member of the Federal Executive Council (FEC), serving as the minister of labour and employment. The minister recently admitted that he was confused about whether to take his seat in the Senate or remain a minister.
However, sources in the APC told PREMIUM TIMES that Mr Lalong is closer to quitting his ministerial position to become a federal lawmaker. This newspaper could not independently verify the claim.
Patience Onuobia, an official of the labour and employment ministry and its former spokesperson, declined comment when contacted by this newspaper on Sunday.
Mr Lalong is the immediate past governor of Plateau State. He was inaugurated as minister on 21 August by President Bola Tinubu, days after Senate clearance.
He once served as speaker of the Plateau State House of Assembly. He was also the director general of the APC Presidential Campaign for the February presidential election, which brought Mr Tinubu to power.
Holds constituents to ransom
It's been over a month since the appeal court pronounced Mr Lalong senator but he has yet to present himself for swearing in as a member of the red chamber of the National Assembly, thus holding to ransom his constituents in the restive North-central state.
Plateau South comprises six local government areas, namely Langtang North, Langtang South, Mikang, Qua'Pan, Wase and Shendam where Mr Lalong hails from.
It had been represented previously by Silas Janfa, Cosmos Niagwan, John Shagaya (all deceased), Victor Lar, Jeremiah Useni, a retired general, and Nora Daduut, a professor.
Constitution silent, lawyers speak
The Nigerian constitution does not explicitly state how long it can take for a senator to get sworn in after a court judgement. What is clear is that Mr Bali, the senator that Mr Lalong replaced, left the Senate immediately after the court's judgement.
However, lawyers believe Mr Lalong must decide at a time when his state is battling ethnic conflict and bandit tension.
"He (Mr Lalong) has to decide whether he wants to remain a minister but if he has chosen to go back to the senate, then that has to be done as soon as possible," said Femi Falana, a Senior Advocate of Nigeria (SAN).
"The fact that he has picked up his certificate of return, it means he has to go to the Senate so that his constituency can have adequate representation at the senate," Mr Falana said, adding, "There is no time limit, but the court has made an order and the order has to be complied with as soon as possible," Mr Falana told PREMIUM TIMES.
Eze Onyekpere, a senior lawyer, also told this newspaper that Mr Lalong ought to have resigned as minister as soon as he picked up his certificate of return.
"By collecting his certificate of return, it is an expression of interest that he is ready to serve as a senator," Mr Onyekpere said, noting, "If he had declined and continued serving as a minister, that would have allowed INEC to organise a by-election."
"The implication here is that he is denying his constituents representation in the parliament," the lawyer said.
New senators inaugurated
In the 10th assembly, the appeal court had sacked at least two senators and their replacements were sworn in almost immediately.
First, the appeal court sacked Elisha Abbo, APC senator representing Adamawa North on 16 October. The court ordered INEC to issue a certificate of return to Amos Yohanna of PDP as the validly elected lawmaker for the senatorial district.
Mr Yohanna was sworn in on 25 October, barely 10 days after the court judgement.
Then, the appeal court sacked Abubakar Ohere and affirmed Natasha Akpoti-Uduaghan as the senator representing Kogi Central on 31 October. Mrs Akpoti-Uduaghan was thereafter sworn in on 2 November (Three days after the court's ruling).
"Inconsistent" court judgements
The appeal court recently sacked Caleb Muftwang, the governor of Plateau and several PDP lawmakers in the state.
First to go "down" was the Senate Minority Leader representing Plateau North Senatorial District, Simon Mwadkwon, who was sacked by a three-member panel of the appeal court over a lack of structure in the PDP.
The court also sacked 16 PDP members of the State House of Assembly.
While the appeal court ruling is final on the cases of the lawmakers, the governor is appealing the judgement involving him at the Supreme Court.
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The recent court rulings in Plateau and other states have also raised allegations of "inconsistency" in the public domain, painting the judiciary in a negative light. These allegations gained more traction given retired Supreme Court Justice Musa-Dattijo Muhammad's valedictory speech that added a scathing swipe at "judges for corruption."
Mr Muhammed specifically referenced the Court of Appeal and the "unpredictable nature of recent decisions of the courts as well."
At both national and state levels, the PDP has pointed an accusing finger at the tribunal and appeal court panel for showing "manifest bias" in favour of the APC and complained bitterly about the "dangerous pattern of varying and conflicting judicial pronouncements."
"What is more disturbing is that in all the appeal cases, the court ordered a rerun where the PDP won and the APC came third, while where the APC came second, it ordered that the Certificate of Return issued to the victorious PDP candidate be withdrawn and a new Certificate of Return be issued to the APC candidate, who came second in the election.
"Specifically, in the case of Plateau North Senatorial District won by Sen. Simon Mwadkwon of the PDP and the APC candidate coming third, the Panel in its judgement in the Court of Appeal delivered on Sunday 22nd October 2023 curiously annulled PDP's victory and ordered INEC to conduct a rerun election among all the parties," PDP spokesperson Debo Ologunagba said.
