Yakubu Busari
Justice Ishaku Kunda has granted the relief sought by Barr. G.S.Pwul, SAN, as he said the claimant /respondent didn’t act pursuant to rule 49 subsections 4&5 of the Plateau State High Court that PDP failed completely to file for an exparte motion restraining the PLASIEC, APC, and Lalong from the initial stage.
The judge nullified that the vacation judge has the right to entertain the suit under section 285 of the federal republic of Nigeria constitution the court is assigned by the chief judge to take preselection matters so the issues of stopping the proceedings can’t entertain during this level.
He rules that the court resume session the matter can be entertained during the period, saying the claimant failed to raise an observation on the 05/08/2021 to draw the attention of the court on section 49(1)d handling preselection matter is time-bound which is not a criminal case.
The judge explained the suit was allocated to him on July 7th, 2021 by the chief judge before the vacation period so he nullified that the court lack power to dismiss the application.
Pwul argued that the vacation judge has no right to entertain the People Democratic Party, PDP, a suit against Plateau State Independent Electoral Commission, PLASIEC, All Progressives Congress, APC, and Governor Simon Lalong until court resumption.
Counsel to the defendants, Barr. G.S.Pwul SAN, represented by Barr Pascal Momoh said the judgment is a well-researched erudite scholar, which is based on what the rule of the court stipulated.
He stated that the exercise is like a game they want to outsmart each other, but counsels ought to be abiding by the rule of the court but in this case, PDP jumped the gun.
It is not that their case was thrown out completely only that the court can’t hear this issue during the vacation period, so I’m okay with the ruling of the court that is how it should be.
Barr. Edward Pwajok, SAN, says we are bound by the court ruling and the court had adjourned the matter, it didn’t dismiss the main suit . He said this is just a preliminary aspect of the case they can only delay the main case.
According to him, the court had adjourned the main suit to the 13th September 2021 for accelerated hearing, we shall appeal that ruling, but we urge the people of Plateau state to exercise patience and continue to have confidence in the judiciary.
He said this ruling is a sound ruling and erudite that this very matter can’t entertain during the vacation period, however, some of the laws were not complied with therefore this matter was adjourned for continuation of hearing.
Pwajok commended the jurist over the ruling, saying,”the ruling of the court is even ready to go on until after the vacation period.
He applauded the court in its magnanimity urged parties to come back on the 13th of September the very first day the court resume session from the vacation period.
Barr Pwajok,SAN, disclosed that the election timetable by PLASIEC was fixed for October 9th,2021 where the judge goes out of his way, but those who think they’re laughing now because they have proposed that the election hold would discover that he who laugh last, laugh best.
The Senior Advocate of Nigeria’s message to the teeming supporters of PDP is for them to remain hopeful and optimistic to continue with their electioneering campaign strategy. Adding, we are before the court of justice and we have confidence in the judiciary system.
Pwajok, SAN, pointed out that what happened to Bokkos Chairmanship candidates might affect the entire outcome of consensus candidates of the 17 LGAs, meaning that all APC candidates would be disqualified from coming to contest the chairmanship race.
He explained further that it meant by the time the PDP obtain the judgment our chairmen are only waiting for their swearing-in that will be not only Bokkos LGA but the whole local government.
He emphasized that sometimes things are slow but in the end, justice would be served.
