PDP wins as Tribunal affirms elections of Senate minority leader Mwadkon, Reps member Agah….says LP, PRP petitions grossly incompetent
By Daniel Agada, Jos
The National Assembly Election petition Tribunal sitting in High Court 6 Division, Jos, has on Thursday strike out petition of Barr. Gyang Yaya ZI of Labour Party,LP, and affirmed the returned of Senate 10th minority leader, Simon Mwadkon of the Peoples Democratic Party, PDP, as duly elected Senator of Plateau North Senatorial District.
Recall LP candidate Barr. Gyang Yaya ZI (Petitioners) in suit No: EPT/PL/SEN/04/2023 having dissatisfied with the outcome of 25th February, 2023 National Assembly elections that returned Simon Mwadkon as Senator representing Plateau Northern senatorial zone by INEC went to Tribunal to seek redress.
Our correspondent learned that the petitioners approached Tribunal on 19th March, 2023, and filed three grounds of pleading for determination.
The pleadings are; that the 3rd respondent (PDP) as at 25th February, 2023, election of Plateau North senatorial district, the 3rd respondent (PDP) doesn’t have a valid structure to sponsored or nominate the 2nd respondent (Simon Mwadkon) as candidate in the said election.
That PDP are in total disobedience of Court judgment, and there was non compliance with the provision of electoral act during the election, urging the Tribunal to grant the reliefs sought in favour of the petitioners.
While delivering judgment, Honourable Justice Mohammed Mohammed alongside other two Justices of the Tribunal said having gone through the pleadings of the petitioners, witnesses presented and the documents tendered by both petitioners and respondents, the “petitioners case has not satisfactory proved and hereby dismissed the petition for lacking in merit.
“We affirmed the declaration of 2nd respondent (Simon Mwadkon) by the 1st respondent (INEC) as a duly elected Senator of Plateau North senatorial district in the National Assembly elections that held 25th February, 2023.”
Justice Mohammad Mohammad further stated that ground one which the petitioners are relying upon as soul ground of their petition is grossly incompetent as section 65 of the 1999 Constitution of the Federal Republic of Nigeria as amended is very clear.
“The issue of nomination and sponsorship of candidate is basically preelection matter and purely internal affairs of political party and therefore, it is within the domestic domain of the 3rd respondent (PDP).
“The petitioners lacks necessary locust standard to challenged the nomination and sponsorship of the 2nd respondent by the 3rd respondent. Ground one of the petition is purely preelection matter which can only be entertain at the Federal High Court, and candidates or aspirants who contested primaries with the 2nd respondent that are in position to seek redress.”
On issue of non compliance with electoral act 2023 as alleged by the petitioners, the Tribunal held that the petitioners did not laid genuine facts and substantial evidence on that ground.
“The petitioners failed to proved the burden of non compliance in respect to over voting, BVAS machines and voter register. The petitioners should have bring eyewitness from the polling units, which are polling units agents to proved over voting and non compliance but have failed.”
Recall Senator Simon Mwadkon scored 155,081 votes cast and Barr. Gyang Yaya ZI got 79,832 votes.
In the same vein,Honourable Justice Williams Rotimi Olamide in suit No:EPT/PL/HR/02/2023 dismissed petition of Adamu Alkali of Peoples Redemption Party,PRP, challenging the declaration of Musa Agah of PDP by the Independent National Electoral Commission (INEC) as Member Representing Jos North/Bassa Federal Constituency elections held 25th February, 2023.
The presiding judge dismissed the petition for grossly incompetent and lacking in merit.
