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Court Of Appeal Contradictory Rulings On Pre-Election Cases In Benue, Plateau Were Given To Favour Ruling APC – Atiku Campaign Spokesperson

FILE
November 22, 2023

Reacting to the two states, the campaign spokesman, Bwala said that the Court of Appeal’s verdict in Benue and Plateau states were all simply meant to favour the All Progressives Congress (APC) in the two states.

Daniel Bwala, the spokesperson of the 2023 Atiku/Okowa Presidential Campaign Organisation has faulted the Court of Appeal judgment that dismissed the petition against the Benue State Governor, Hyacinth Alia, on the ground that it was a pre-election matter and was statute-barred, while it ruled that a similar petition against the Plateau State Governor, Caleb Muftwang, is both pre-election and post-election case.

Reacting to the two states, the campaign spokesman, Bwala said that the Court of Appeal’s verdict in Benue and Plateau states were all simply meant to favour the All Progressives Congress (APC) in the two states.

SaharaReporters on Monday reported that the Court of Appeal sitting in the Federal Capital Territory, Abuja, in a ruling on the appeal by the candidate of the Peoples Democratic Party (PDP) in the March 18 governorship election, Titus Uba, affirmed the election of Governor Alia as governor of Benue State.

Uba at the tribunal, among other things, alleged that Alia’s deputy, Samuel Ode, presented a forged certificate to the Independent National Electoral Commission contrary to Section 182(1)(j) of the Federal Republic of Nigeria, 1999 (as amended).

He further claimed that Alia’s name was submitted less than 180 days before the election date, and Ode was also not submitted to INEC after the party conducted a further re-run primary election.

But a three-member panel of the tribunal headed by Justice Ibrahim Karaye, dismissed the petition on the ground that it was a pre-election matter and was statute-barred.

However, a three-member panel of the same Appeal Court sitting in Abuja, in a unanimous decision on Sunday held that Governor Muftwang of Plateau State was not validly sponsored by the Peoples Democratic Party (PDP) as provided by Section 285(2) of the Nigerian Constitution.

The panel held that the appeal brought by Nentawe Goshwe of the All Progressives Congress (APC) succeeds as the issue of qualification was both a pre and post election matter under Section 177(c) of the Nigerian Constitution, 1999 and Section 80 and 82 of the Electoral Act, 2022.

The panel agreed with the appellant (Goshwe) that the failure of the PDP to comply with the order of the Plateau State High Court in Jos in suit no: PLD/J304/2020 between Bitrus B. Kaze & 11 ors vs the Peoples Democratic Party & 24 ors directing it to conduct valid ward, local governments and state congresses before nominating its candidates for the various elective posts and the Court of Appeal order in CA/J1/93/2021 was a breach of the law.

Meanwhile, Bwala, who made the reaction on X platform (formerly Twitter) said, “Imagine after hearing the Benue Governorship judgement that said the issue of non-qualification is a pre-election case and should have been determined at the Federal High Court.

“Meanwhile Jos' governorship said it is both a pre-election and post-election case. In both cases, it favoured APC. Recall Kano. Nigeria, my country.”