Tribunal Grants Substituted Service To 16 Petitioners For Plateau Senatorial, Reps ,State Assembly Candidates

Yakubu Busari

The Election Petition Tribunal sitting on the petition filed by the Plateau Northern  Senatorial candidate of the All Progressives Congress, APC, Amb. Christopher Giwa challenging, the  Peoples Democratic Party (PDP) ,Dr Simon Mmadkon on February 25th general election, has granted the application to serve the candidate of the PDP, a notice of the petition through substituted means, Labour Party , Gyang Zi and INEC .

James Attah the petitioner’s counsel came through a motion of exparte applications dated 01/04/2023 and filed on the same date seeking the tribunal order to effect service on the 2nd & 3rd respondents to deliver and paced on the PDP state ,National Secretariat, the Tribunal office at west of mines which is accompanied by 3 paragraphs and attached affidavit with written address through oral application .

However, the second motion was that of former Deputy Speaker Rt.Hon. Ibrahim Baba-Hassan of the APC challenging PDP candidate ,Hon .Musa Agah Avia  through motion of exparte applications dated 22nd of March, 2023 and Mohammed Awwal Alkali  of PRP ,APC and INEC  on substituted service .

The motion of exparte dated 27th March, 2023 filed on the same date seeking the following relief to effect service on the 2nd & 3rd ,4th,5th &6th respondents containing 7 paragraphs, affidavit depose by one Z.U.Usman and written as oral argument to be served on all the respondents’ office in Jos and Abuja .

Having considered the relief sought the tribunal and Also the Jos South /Jos East Federal constituency was challenge by Hon .Gideon Dandereng of APC in Musa Bagos of the PDP through Barr.A.A.Ibrahim the petitioner counsel.

He explained that the motion exparte dated 28-03-2023 was filed praying the order of the tribunal to serve PDP and Musa Bagos under section 4(14) with two ground 6 paragraphs affidavit accompanying the motion to 2nd &3rd .

The following also granted substituted service include;Hon .Vincent Venmak ,Vs Beni Lar ,PDP &INEC ,Daniel Asama of the LP challenging Hon .Musa Agah ,

And Hon Ziphon Chrysanthus of PDP vs Yusuf Adamu Gagdi ,Rt.Hon.Simon Bako Lalong challenging INEC for delivery Napoleon Bali winner of Plateau South senatorial District victory .

Beside the development ,Barr. Timloh Fyenda of NNPP of Plateau South senatorial candidate is challenged the tribunal to dismissed the victory of AVM Napoleon Bali current winner over omission of logo and none compliance to the electoral act .

He urged the tribunal to quash and pronounced him winner of the Plateau south and Shendam ,Quaanpan and Mikang Federal constituency was challenge by Hon.John Dafaan of APC towards effecting service on Hon Isaac Kwalu and that Langtang North-South Federal constituency ,Vincent Venmak against Beni Lar .

Barr Timloh Fyenda had challenged Napo Bali’s victory at the poll before the tribunal and also joined the Independent National Electoral Commission and the PDP  in the suit.

 Napoleon Bali  was announced by INEC as winner of the just concluded National Assembly elections.

In the petition filed by her lawyer, .E.O Oyadiji  is praying the tribunal to sack his  opponent and declare him winner of the poll over missing logo during the poll .

The court document read, “1. Your 1st Petitioner, Timloh Fyenda , is the candidate sponsored by NNPP to contest the Plateau South  Senatorial District election, and, to participated at the election but the party logo conspicuously was missing on scheduled date for election .

“the  Petitioner, the PEOPLES DEMOCRATIC PARTY (PDP) Ibrahim Kanje ,SAN,said  as a  registered political parties in Nigeria and sponsored  as its candidate, to contest the Wase Federal constituency  elections asking the tribunal order to allow him inspect wards,polling units results and the ,list of eligible voters in Wase LGA.

“The 1st Respondent,Dr Simon Mwadkon  contested the Plateau North  Senatorial District election, as the candidate sponsored by the 2nd Respondent, PDP were Chris Giwa is seeking the tribunal to serve PDP and INEC .

 The 3rd Respondent, INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) is the body charged with the responsibility of conducting national elections in Nigeria. The 3rd Respondent conducted the Senatorial District Elections, including the Plateau North, South  Senatorial Districts election on 25th February, 2023 .

“Every person who acted as Presiding Officers, Assistant Presiding Officers and Supervisory Presiding Officers in all the Polling Points/Stations/Units, Registration Area/Wards Collation Officers in the Registration Area/Ward Collation Centers, Local Government Collation Officers in the Local Government Collation Centers, Senatorial District Collation Officers in the Senatorial District Collation Centre, the Retuning Officer, the Resident Electoral Commissioner and any other person who acted in one capacity or the other on behalf of the 3rd Respondent at the aforesaid election, acted as agents of the 3rd Respondent.

“The Petitioners plead and shall rely on the Declaration of Result, FORM EC8E (I). 11. The 3rd Respondent declared and returned the 1st Respondent winner of the Plateau south and North Senatorial Districts election.

  THE GROUND OF THE PETITION 12. The Petitioners state that the ground for presenting the Petition is that: i. The 1st Respondents, were  not duly elected by majority of the lawful votes cast at the election. E. PARTICULARS OF THE GROUND OF THE PETITION.

 The Petitioners stated that all winners didn’t scored the highest number of lawful votes cast at the  Senatorial Districts election and ought not  to have been declared winner and returned elected by the 3rd Respondent.

.Ibrahim Kanje argued  that the 2nd ,Ahmed Idris Maje and Yusuf Babayo Gagdi  Respondents were wrongly declared the winner of the said elections

The Petitioners state that the 3rd Respondent in the conduct of the National Assembly Elections held in Plateau State on 25th of February, 2023 was to be guided by the provisions of the Electoral Act, 2022, Manual for Election Official and Regulations and Guidelines for the Conduct of Elections, 2022 made pursuant to the Act. The Petitioners plead the Manual for Election Official and Regulations and Guidelines for the Conduct of Elections, 2022.