A High Court sitting in Jos, the Plateau State on Tuesday has nullified the election conducted by the People Democratic Party, PDP, ward and Local Governments Congresses held on the 23rd of March, 2020 for lack of merits and that the committee didn’t adhere to the constitution amended of the electoral act.
Justice Ishaku Kunda in his judgment resolved all prayers in favor of the petitioners saying, the whole issue hereby collapse for its lacking in merits. The First defendant (PDP) under section 223 subsection 1 and the electoral law 85 provision has set aside periodic principles for the principal election into membership must be under the process of the conducting exercise.
Paragraph 6 of the petitioner’s counter-affidavit indicates that the result was earlier signed by the Chairman of the election in Jos North, Me Maxwell’s Adam and two others, Mrs. Linda Alfred and Napdong Ndam that election didn’t take place.
However, the following day which is the 24th March 2020 one Danboyi Gyang went ahead to manufacture a fake list that election was held that in connivance with the INEC and PDP as consensus list were one former member, Hon Yakubu Choji was arrested for bringing thugs to cause crisis before the quick intervention of security personnel drafted to the voting center.
The judge in his judgment said on the same date were the 3 man committee pen their signatures and it marked here as exhibits, the results presented wasn’t the consensus election which the defendants contradicted themselves.
The court says, it has found out that the plaintiff was able to prove their case that election didn’t hold on the 23rd March 2020 in Jos north.
Two factions of the People Democratic Party, PDP, Plateau State Chapter between the Former Governor Jonah David Jang and General Jeremiah Timbut Useni has laid to rest the lingering crises of the ward, Chairmanship tussle in Jos North Local Government Area of the state.
The Plaintiff and 15 others in their suit before the state High No 6 approach the court with a petition that election didn’t hold on 23rd March 2020 in Jos North owning to security report indicating that the party couldn’t adhere to the federal character and law of the party.
According to Barr Abdullahi, the judge read section 85 of the party constitution amended that the party guidelines for the purported kangaroo election which never hold on their preliminary objections raised by the defendant’s counsel, Barr Gyang Zi challenging the originating surmount of 39 paragraphs.
The judge read that the documents marks as exhibits and exparte application against the defendants pending on the interlocutory injunction dated 11th May 2020.
And he explained that the court fixed date for all the affirmations were all parties exchange services on 1st June, 2020.,
However, The defendants’ counsel Barr Gyang Zi filed a suit against the plaintiff by calling on the court to dismiss the petition for lack of merits which four issues were brought in for determination in their preliminary notice.
The judge resolved the four issues in favor of the petitioners, saying the relief sought by the plaintiff in the case Michael Omodu Vs Shaibu Nda on exhibits 3.0-3.10 originating surmount is an election that cannot be conducted with the objectors bringing a witness to come and testified.
The court explained that the process raised so many questions that were there any election held on the 23rd March 2020, then the state order stopping multiple gathering of people up to 50 and was the guidelines of PDP was duly followed which automatically render their objections invalid.
The first defendants are allowed under section 20,18 (2) article 301 to allow room to declare a candidate under consensus but considering the court of appeal judgment in a case of Adebisi in 2012, the guidelines held that in determining a suit the court has a duty to the content.
The court finds no merits on the grounds for objection in support of the originating surmount “E -K, saying these grounds are unnecessary dispute of facts.
The counsel Barr Aminu Abdullahi commended the court for landslide judgment which is going to bring unity to the PDP family.
Meanwhile, Barr Gyang Zi said they are going to study the judgment of whether to go ahead and appeal.
Zi promised the two factions of using internal mechanisms towards resolving the crisis which committee is working to end it soon.
Barr Awwal Haruna represented the 9 and 16 defendants expressed his feelings that his client was given leadership position as ward chairmen yet they decline for justice.
Haruna said what we hate is injustice, “so we decided to join the petitioners just to promote peace amongst PDP loyalists.
