Tribunal affirms elections of Plateau Assembly chief whip, others

 .Insist Plateau PDP has a solid structure

From Daniel Dauda, Jos

National and State Houses of Assembly Election Petition Tribunal sitting in Jos, has on Wednesday affirmed the declaration and returned of Hon.Bala Fwanje by Independent National Electoral Commission (INEC), as a duly elected member representing Mangu South State Constituency election held on 18th March, 2023.

The petitioners having been dissatisfied with the pronouncement of the 2nd respondent (Bala Fwanje) by the 1st respondent (INEC), approached Tribunal I seek for redress.

Daily Champion report that the basis upon which the petitioners hinged their grievances bother on the issue of qualification of the 2nd respondent to stand.

The petitioners are of the view that as at 18th March, 2023, the 3rd respondent (PDP) due to flagrant disobedient of Court order doesn’t have a valid structure to nominate and sponsor 2nd respondent to stand for election.

They also alleged non substantial compliance to electoral guideline by reasons of over voting, mutilation of election results and other forms of irregularities that marred the conduct of Mangu South State constituency election.

Declaring his verdict on the matter, Hon.Justice Mohammed Mohammed said ground one of the petition is incompetent as the Tribunal lacks jurisdiction to entertain it because it is a preelection matter.

Justice Mohammad revealed that a careful perusal of section 65(2)(b) of the 1999 constitution of the Federal Republic of Nigeria as amended-it clearly defined that in Nigeria there is no room for an independent candidate to stand for an election.

He said section 84(14) of the electoral act 2022, only gave room for aspirants that contested primaries alongside a candidate that emerge to challenged the outcome of the primaries at the Federal High Court within 14 days and after that is a status bar.

“The petitioners did not participate in the primary election of the 3rd respondent (PDP) that produced 2nd respondent (Hon.Bala Fwanje) as a candidate for Mangu South State Constituency election.

“The petitioners should remained mute and onlooker. Questioned the qualification of the 2nd respondent in the instant petition clearly shown that the petitioners are interlopers because the issue of nomination and sponsorship candidate to stand for an election is a preelection matter and it remains exclusively within the jurisdiction of political party.”

On allegations of substantial non compliance with the electoral guideline by reasons of over voting, mutilation of election results in Mangu South Constituency election, Hon.Justice Mohammed held that the petitioners woefully failed.

“The burden of rebutting irregularities lays with the petitioners. In this instant petition it is clear that with the evidence tender before the Tribunal they failed to proved over voting and other irregularities that occurred on 18th March, 2023, Mangu South State Constituency election.

I hereby dismissed the petition for lacking in merit and affirmed the return of 2nd respondent, Hon.Bala Fwanje, earlier declared by INEC as duly elected member representing Mangu south in the Plateau State House of Assembly.

In a related development, Hon.Justice Williams Rotimi Olamide dismissed the petition filed by Laven Denty Jacob challenging the declaration and returned of Hon. Salome Wanglek Tanimu by INEC as the winner of Pankshin South Constituency seat election held on 18th March,2023.

Justice Olamide acknowledged that based on the evidence available before the Tribunal, and having carefully perused all documents it is cleared that PDP have a solid structure in Plateau.

The petitioners lacks a locus standi to challenge qualification of 2nd respondent. “The petition is hereby dismissed as substantial non compliance cannot be established by mere allegation.

“I affirm the return of the 2nd respondent, Hon.Salome Wanglek Tanimu as member representing Pankshin South State constituency in Plateau 10th Assembly.”