*As Court Of Appeal Sacks Senate Minority Leader Simon Mwadkwon, Orders Fresh Election In 90 Days
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The Court of Appeal sitting in Abuja, yesterday, declared that, the nomination of candidates could either be a pre-election or post-election matter if contested by another candidate of a different party, saying that was where the lower court (Tribunal) missed the point.
To this end, the nullified the election of the Senate Minority Leader, Senator Simon Mwadkon, representing Plateau North in the Senate.
The election petition tribunal in Jos had upheld the election of Mwadkon, throwing away the petitions by Mr. Chris Giwa of the All Progressives Congress (APC) and Mr. Gyang Zi of the Labour Party (LP). But the two went on appeal.
Delivering the judgement yesterday afternoon in Abuja, the Judge regretted that she could not read the body of the judgement.
Skipping the facts of this petition and the reliefs sought at the tribunal, she noted that all parties in the matter were familiar with all of them, saying, “They’re all contained in the body of the judgement, which all parties will get.”
On the position of the court, the Judge said the subject matter was whether the second respondent was declared winner in accordance with the law by the tribunal, adding that Section 84(14) was the basis to be determined and that the issue was based on ground one (structure).
The judge said the court made total findings with regard to the issue of structure of the PDP, and had a misconception about the issue of qualification, adding that in her considered view, and given the findings of the court, the appeal succeeded.
She, therefore, nullified the election and ordered a rerun within 90 days, adding that it was her view that the court’s order for PDP to conduct fresh congress was not fully complied with by the party as 12 LGAs didn’t participate in the congress.
She agreed with the appellants that the party had no valid structure and could not have claimed to have validly nominated the second respondent for the election.
“On this issue, I agree with learned senior counsel that upon nothing, nothing can stand. To avoid anarchy, I agree with the appellants that the court must protect an order of another court.
“Nomination of candidates can be a pre-election as well as post-election if it’s contested by another candidate of a different party. This is where the Tribunal missed the point.
“Section 134(1) is where the appellants had the locus Standi to file its appeal though the third respondent has the right to nominate candidates, it cannot do that within its whims and caprices,” she said.
Ordinarily, it should be a three-man panel of judges but only two were present as the third judge was said to be ill. Justice Mustapha Muhammed, who was absent also agreed with the judgement.
The court also nullified the election of Mus Agah representing Jos North/Bassa Federal Constituency on the same ground.
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