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Appeal Court Nullifies Mwadkon and Agah’s election, orders rerun within within 90 days

Written by on October 23, 2023

By Gilbert Joseph

The Court of Appeal, Abuja has nullified the Senatorial election that produced Hon. Simon Mwadkon and Musa Agah Aviah as Senator representing Plateau North Senatorial district and Jos North/Bassa federal Constituency respectively.

The judgement delivered by a three-man panel of justices was hinged upon the Peoples Democratic Party, PDP’s failure to conduct fresh and satisfactory congresses in compliance with the order of Justice S.P. Gang.

In the Plateau North Senatorial district case, Justice Elfrieda Oluwayemisi Williams Dawodu says given the findings of the court, the appeal therefore succeeds as a court order was not complied with by the PDP before the election.

According to a report by Gilbert Joseph, the Court in its wisdom ordered INEC to conduct a rerun election within 90 days in the affected areas with all registered political parties to participate in the elections.

Standing in for his ill colleague, Justice Mustapha Muhammed who wrote the judgement, Justice O. E. Abang ruled that in the Jos North/Bassa Federal Constituency matter, reliefs 1, 2, 3, 4 and five sought by the Appellants, that is the Peoples Redemption Party, PRP, all succeeded in part and not totally as constituents have the right to elect their lawmakers.

The Court further held that contrary to other views, the nomination of candidates can be a pre-election as well as a post-election matter if it is being contested by candidates of other political parties.

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