Plateau:Tribunal affirms Senator Mwadkon, Agah, for House of Reps
by Isaac Shobayo
The National Assembly Election Petition Tribunal sitting in Jos, Plateau State, has affirmed the election of the Senator Representing Plateau North, Senator Simon Mwadkom, and member of the House of Representatives, representing Jos North/Bassa federal constituency, Hon Musa Agah.
Barr Gyang Yaya Zi had on March 19, 2023, filed a petition on the election held for Plateau North Senatorial Zone in the suit: EPT/SEN/04/2023; Gyang Yaya Zi and LP, against Simon Mwadkon, PDP, and INEC.
In his lead judgment on Thursday, Justice Mohammed Mohammed held that the petitioner, the senatorial candidate of the Labour Party, Gyang Zhi, lacks locus standi to challenge the nomination and sponsorship of the second respondent (Simon Mwadkon) because they (the petitioners) did not take part in the primary election of the third respondent (PDP).
It stated that the petitioners failed to provide evidence to prove that the election was not in substantial compliance with the provisions of the extant laws, adding that the failure of polling unit agents to appear in court to prove the authenticity of such evidence makes the evidence hearsay evidence obtained by a third party from an eye witness, which is not admissible in law.
The tribunal, therefore, dismissed the petition in its entirety for want of merit and consequently declared Simon Mwadkon as the duly elected senator of Plateau North Senatorial Zone with no order as to costs.
The chairman of the tribunal, Hon Justice Williams Rotimi Olamide, agreed with the lead judgment delivered by Hon Justice Mohamed Mohammed, dismissed the petition in its entirety, and abided by the consequential order delivered by the lead judgment. Justice Emmanuel Nwazunku Nwibe (PhD) also aligned and made no order as to costs.
Also, the same Election Petition Tribunal has dismissed the petition filed by the candidate of the Peoples Redemption Party, Adamu Mohamad Alkali, challenging the election of Musa Agah as a member of the House of Representatives, representing Jos North-Bassa federal constituency of Plateau State.
Alkali had filed the petition on the ground that the second respondent, Musa Agah, did not qualify at the time of the election to contest for the election as a member of the Jos North-Bassa Federal Constituency.
And also whether the election can be said to have been conducted in substantial compliance with the provisions of the Electoral Act.
Giving the lead judgment, Hon. Rotimi Olamide declared that the second respondent, Musa Agah, was at the time of the election qualified to contest for the election as a member of Jos North Bassa in the Federal Constituency, adding that he validly and irrevocably won the election.
He added that the election can be said to have been conducted in substantial compliance with the provisions of the Electoral Act.
The Tribunal further held that only party members or the party itself have the locus standi to challenge the nomination and sponsorship of a candidate, besides the issue of the nomination and sponsorship of a party candidate in pre-election matters.
