By Kamil Opeyemi
The Court of Appeal in Abuja has nullified the participation of the Peoples Democratic Party (PDP), and its senatorial candidate in the February 25 National Assembly Election, Napoleon Bali, for Plateau South Senatorial District, on ground of refusal to carry out lawful order of court.
Delivering judgement, a three-member panel led by Justice Elfreda Williams-Dawodu declared as unlawful and wasted votes cast for PDP in the election and declared the former Governor of Plateau State, Simon Lalong, as the Senator for the Plateau South Senatorial District.
The Independent National Electoral Commission had declared Napoleon Bali of the Peoples Democratic Party winner of the election.
According to INEC, Bali polled 148,844 votes, while Lalong scored 91, 674 to come second in the February 25 elections.
Justice Williams-Dawodu held that the PDP and its candidate have no legal ground to participate in the election having failed to obey the judgment of a Plateau High Court that the party should conduct lawful elections for the purpose of having officers for Wards, Local Governments and State Council.
The Plateau High Court had in 2022 ordered PDP to conduct elections for selection of officers for Wards, Local Governments and the State Chapter of the party which was not complied with.
The Court of Appeal said that disobedience and disregard to clear lawful order of court was fatal because PDP hurriedly put an illegal caretaker committee in place in utter confrontation to the court judgment.
Specifically, the appellate court held that PDP did not sponsor any candidate for the Plateau South Senatorial District because it was not qualified to stand for any election as at February 25, 2023.
The Court of Appeal subsequently upheld the declaration of Lalong as the lawful Senator for Plateau South Senatorial District having scored second highest votes at the election.
“Section 287 of the Nigerian Constitution said all are expected to observe orders of the court. The order was in the realm. It is binding all persons. It is immutable and until it is set aside and must be complied with.
“This issue is hereby resolved against the appellant. Invalidly nominated candidates cannot attract lawful votes. This appeal fails. The tribunal judgment is hereby affirmed,” she held
Other Justices of the Court of Appeal who agreed with the judgment are Mohammed Mustapha and Okon Abang.
Lalong, who is the immediate past Governor of Plateau State, is currently the Minister of Labour in the President Bola Tinubu’s administration.