The Court of Appeal in Abuja has rendered a significant decision, voiding the election of Senate Minority Leader Simon Mwadkwon, who represents the Plateau North Senatorial District. The Appeal Court, presided over by Justice Elfreda Oluwayemisi Williams-Dawodu JCA, ruled that Mwadkwon’s nomination by the People’s Democratic Party (PDP) was invalid and ordered a fresh election to be conducted within 90 days.
The controversy surrounding Mwadkwon’s election began after the Independent National Electoral Commission (INEC) declared him the winner on March 1, 2023, with 155,681 votes, defeating Gyang Yaya Zi of the Labour Party and Giwa Musa Christopher, the candidate of the All Progressives Congress (APC).
Unsatisfied with the outcome, both the APC’s Giwa Christopher and the Labour Party’s Azi approached the tribunal with separate petitions. They argued that Mwadkwon was ineligible to run in the election because the PDP failed to properly nominate a candidate due to non-compliance with an earlier order from the state’s High Court, which had directed the party to conduct a legitimate state congress.
However, the tribunal, led by Justice Muhammed Muhammed, ruled on August 24, 2023, that the Labour Party candidate, Gyang Zi, lacked the legal standing to challenge the PDP’s nomination of Senator Mwadkon and dismissed the petition.
The tribunal held that the nomination and sponsorship of candidates are pre-election matters and within the jurisdiction of political parties, thus the petitioners lacked the necessary standing to challenge the nomination by the PDP.
Regarding allegations of non-compliance with the Electoral Act 2023, the tribunal found that the petitioners had not presented compelling evidence or eyewitnesses from polling units to prove over-voting or non-compliance with electoral laws.
On August 25, the tribunal, led by Justice William Rotimi Olamide, ruled against the APC candidate, declaring the petition ineffective and incurable.
Dissatisfied with the tribunal’s decisions, Gyang and Giwa took their cases to the Appeal Court.
In its recent ruling, the Appeal Court determined that the PDP had no valid candidate in the election. It also found that the PDP had not fully complied with the Plateau High Court’s order, as 12 Local Government Areas did not participate in the Congress.
Justice Okon Abang, who delivered the leading judgment, ordered a fresh senatorial election in Plateau North within 90 days, stating that the court must protect the orders of another court.
Additionally, the Appeal Court also nullified the election of Hon. Musa Agah Avia, who represented the Jos North/Bassa Federal Constituency in the House of Representatives. The court found that Agah had not been validly nominated by the PDP. Justice Okon Abang, in his leading judgment, invalidated Agah’s victory and ordered a fresh election within 90 days.
INEC had declared Agah the winner with 87,609 votes, defeating his closest rival, Gwani Alkali of the PRP, who received 67,331 votes, and the Labour Party’s candidate, Daniel Asama, with 41,950 votes. Dissatisfied with the results, Alkali approached the tribunal, which initially affirmed the election of Agah and dismissed Alkali’s petition.
Alkali, representing the PRP, subsequently appealed the case to the Court of Appeal, where the judgment has now been delivered. The Appeal Court’s rulings have implications for the political landscape in Plateau State.
