28th October, 2022
The Court of Appeal in Jos has dismissed the Peoples Democratic Party (PDP)’s appeal against the Peoples Redemption Party (PRP) for lacking merit.
Justice Tani Hassan, who dismissed the appeal, ordered the Independent National Electoral Commission (INEC) to immediately issue a certificate of return to Muhammed Alkali of the PRP.
The News Agency of Nigeria (NAN) reports that Musa Agah, a member representing Jos North/Bassa Federal Constituency, had appealed against the judgment of the Election Petition Tribunal which ousted him from office on September 2.
He had canvassed two issues for determination on whether he was lawfully nominated and whether the tribunal was right to have cancelled his votes to declare Muhammad Alkali winner of the bye-election.
However, in a unanimous judgment, delivered by Justice, Tani Hassan, flanked by justices, A. I. Andeyangtso and J.G. Abundaga, held that the tribunal was right in its judgment.
Hassan said that the PDP did not comply with the subsisting judgment of the state High Court ordering it to conduct a lawful congress, as it cannot sponsor a candidate for any election.
She maintained that the PDP was not competent to sponsor a candidate at the time of the bye-election for the Bassa/Jos North Federal constituency.
She further held that the decision of the PDP not to conduct a congress as ordered by the High Court was meant to be obeyed, describing the action as contempt of the court order.
Hassan also judged that the nomination of the appellant was null and void.
She added that the petitioners have also proved to the tribunal that there was over-voting as it relied on substantial facts.
She, thereby, ordered the nullification of Musa Agah as the winner, ordering the immediate issuance of a Certificate of Return to Muhammad Alkali as the duly elected member of the Bassa/Jos North Federal constituency.