The Court of Appeal sitting in Abuja, on Tuesday, affirmed the election of the immediate past governor of Plateau State who is now a Minister of Labour and Productivity, Mr Simon Lalong as the Senator representing Plateau South Senatorial District of Plateau.
The three-member panel of Justices of the appellate court, led by Justice Elfraida Williams-Dawodu, while dismissing the three appeals by Napoleon Bali, Independent National Electoral Commission (INEC) and the Peoples Democratic Party (PDP) against Lalong’s election, upheld the judgement of the National and State House of Assembly Election Petition Tribunal delivered on September 11, 2023.
The Court of Appeal, in the judgement delivered by Justice Elfraida Williams-Dawodu on the appeal by Bali, agreed with the lower court that a legally invalid sponsorship of a candidate cannot attract lawful votes.
By the judgement, the appellate Court nullified the participation of the PDP and its Senatorial candidate in the February 25 National Assembly Election, Napoleon Bali for Plateau South Senatorial District of Plateau State on ground of refusal to carry out lawful order of the Court.
Justice Elfraida Williams-Dawodu who read the unanimous judgement declared unlawful and wasted votes cast for PDP in the election and declared Lalong as the Senator for the Plateau South Senatorial District.
Lalong who stood for the election on the platform of the All Progressives Congress (APC) had come second in the February Senatorial election.
Justice Williams-Dawodu held that the PDP and its Senatorial candidate have no legal ground to participate in the election having failed to obey the judgment of a Plateau High Court that the party should conduct lawful elections for the purpose of having officers for Wards, Local Governments and State Council.
The Plateau High Court had in 2022 ordered PDP to conduct elections for selection of officers for Wards, Local Governments and the State Chapter of the party which was not complied with.
The Court of Appeal said that disobedience and disregard for clear lawful order of Court was fatal because PDP hurriedly put an illegal Caretaker Committee in place in utter confrontation with the Court judgment.
Specifically, the Appellate Court held that PDP did not sponsor any candidate for the Plateau South Senatorial District because it was not qualified to stand for any election as at February 25, 2023.
“As at February 25, PDP was on a faulty background at nomination of candidate for any election. It has no legal foundation upon which its candidate nomination can stand.
“A positive order of Court must be complied with unless such order is voided and set aside by a higher Court. In the instant case, the lawful existing and subsisting Court order was that PDP should conduct elections in line with provisions of the law to have officers at Wards, Local Governments and State Councils but the party opted to go against the order.
“I cannot but agreed totally with judgment of the Plateau State National Assembly Election Petition Tribunal which, in its judgment delivered on September 11, 2023 nullified the participation of PDP in the February 25 National Assembly Election”.
The Court of Appeal subsequently affirmed the judgement of the Tribunal which declared Lalong as the lawful Senator for Plateau South Senatorial District having scored second highest votes at the election.
Other Justices of the Court of Appeal who agreed with the lead judgment are Mohammed Mustapha and Okon Abang.
Lalong, the immediate past Governor of Plateau State is currently the Minister of Labour in President Bola Tinubu’s administration.
. TheWitness
