Moses Paul, candidate of the African Democratic Congress, ADC, in the Abuja Municipal Area Council, AMAC, chairmanship election, has challenged the composition of the Area Council Election Petition Tribunal hearing his petition against the outcome of the poll.
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Paul is challenging the declaration of Christopher Maikalangu of the All Progressives Congress, APC, as winner of the AMAC chairmanship election.
In a statement issued on Tuesday, Paul said the tribunal was preparing to deliver judgment in Petition No. FCT/ACET/EP/01/2026 between him, the Independent National Electoral Commission, INEC, and other respondents, despite unresolved concerns over its composition.
He called for the suspension of the judgment, alleging that the tribunal, as presently constituted, was not properly set up in accordance with the Electoral Act, 2026.
According to him, the composition of the tribunal contravenes Section 135(3) of the Electoral Act, 2026, which he said requires the inclusion of a High Court judge in the panel.
“The crux of the matter is that the Tribunal, as presently constituted, is alleged to be in violation of the mandatory provisions of Section 135(3) of the Electoral Act, 2026, which requires the inclusion of a High Court Judge in the composition of the Area Council Election Petition Tribunal,” the statement read.
Paul said the issue was not a mere technical complaint but one that goes to the root of the tribunal’s jurisdiction and legitimacy.
“This issue goes beyond mere technicality; it strikes at the very root of the Tribunal’s jurisdiction and legitimacy,” he said.
The ADC candidate disclosed that his legal team had, on April 10, petitioned the Chief Judge of the Federal Capital Territory, FCT, requesting the reconstitution of the tribunal, but received no response.
He added that a further petition was submitted to the Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun, on May 21, seeking intervention over the tribunal’s composition.
According to him, the concerns raised in the petitions remain unresolved.
Paul also said communications had been sent to several national and international bodies, including the United Nations, the European Union, the United States Embassy and the British High Commission.
He warned that proceeding to judgment without first resolving the challenge to the tribunal’s composition could undermine the legitimacy and credibility of the entire process.
“It is trite law that jurisdiction is the foundation of every judicial proceeding. A court or tribunal that lacks jurisdiction cannot confer validity upon its proceedings by the mere passage of time,” he said.
“Consequently, any judgment delivered by a tribunal whose jurisdiction is under serious challenge may be rendered vulnerable to being declared a nullity.
“Justice must not only be done but must be manifestly and undoubtedly seen to be done.
“Any attempt to proceed to judgment without first addressing these weighty jurisdictional concerns would be deeply troubling and could cast a long shadow over the credibility of the entire process.”
The petition arose from the AMAC chairmanship election in which the returning officer, Andrew Abue, declared Maikalangu winner after he polled 40,295 votes.
Paul, who was the ADC candidate in the election, came second with 12,109 votes.
Following the declaration of the result, Paul rejected the outcome, alleging that the election did not reflect the wishes of voters.
He claimed that the poll was marred by irregularities, including alleged vote-buying, intimidation of party supporters, late arrival of election materials and manipulation of results.
He subsequently approached the Area Council Election Petition Tribunal to challenge the outcome of the election.
Paul is now asking that judgment in the petition be suspended until the concerns over the tribunal’s jurisdiction and composition are properly addressed.
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