By; Buhari B. Bello, Jos
An Appeal Court sitting in Plateau State has said t the bye-election conducted by the Independent National Electoral Commission (INEC) on February 26, 2022 that brought on board, Musa Agah of the Peoples Democratic Party (PDP), was an error as the party lacked structure to produce a candidate for the election.
The Appeal Court made up of three Justices, headed by Justice Teni Y. Hassan has therefore, given the 3rd respondent in the matter, INEC an order to as matter of urgency, withdraw the certificate earlier issued to Musa Agah of PDP, and issue same to Goni Mohammed of the PRP as he is the legally elected candidate from the February 26, 2022 House of Representatives bye election for Bassa /Jos North Federal Constituency.
The judge said the Peoples Democratic Party, which is the appellate, takes very important things for granted, that is why when the state entered judgement against them, it directed them to go back and do the right things by constituting legally acceptable excos of the party, which they flagrantly disregarded.
Justice Tani quoting copiously from the relevant sections of the law, said the action of the Peoples Democratic Party is synonymous to what can be described in law as “you can’t build something on nothing”.
She urged the exco of the party to go back to the drawing board and amend the mistake that is currently hunting the party and its candidates.
She further said the court is not a political party and cannot be drawn into the murky waters of politics that is steered by them.
“Our position as servants in the temple of justice, we cannot fold our hands and allow justice be smeared with mould, where the judgement of courts are not adhered to, being disregarded with impunity,” she said.
The court further said that the party has the opportunity to go back and conduct elections for the excos that would form the basis for the structure of the party.
On the issue of over voting in some parts of the constituency during the elections that brought Musa Agah on board, the court said it can’t be substantiated.
