Appeal Court Rules Candidates’ Nomination Can Be Contested As Pre-election, Post-election Matter

The Court of Appeal in Abuja has ruled that if contested by a candidate of a rival party, candidate nominations can be pre- or post-election matters.

In view of the declaration, the court annulled the election of Plateau North Senate Minority Leader Simon Mwadkon.

Mwadkon was declared elected by the Jos election petition tribunal, which rejected requests from APC candidate Chris Giwa and Labour Party candidate Gyang Zi. Both appealed.

The judge stated that the question was whether the tribunal pronounced the second respondent winner in line with the law, based on Section 84(14) and ground one (structure).

The judge stated the lower court made entire findings on the issue of PDP structure and had a misperception concerning qualification, adding that according to her assessment, the appeal prevailed.

She invalidated the election and ordered a rerun within 90 days, saying the PDP failed to comply with the court order to hold a new congress because 12 LGAs did not participate in the congress.

She agreed with the appellants that the party has no valid structure and cannot claim to have nominated the second respondent for election.

“In this issue, I agree with learned senior counsel that upon nothing, nothing can stand. To avoid anarchy, I agree with the appellants that the court must protect an order of another court.

“nomination of candidates can be a pre-election as well as post-election if another candidate of a different party contests it.

“Section 134(1) is where the appellants had the locus standi to file its appeal though the third respondent has the right to nominate candidates, it cannot do that within its whims and caprices,” she said.

Ordinarily, it should be a three-man panel of judges, but only two were present as the third judge was said to be ill. Justice Mustapha Muhammed, who was absent, also agreed with the judgement.

The court also nullified the election of Mus Agah representing Jos North/Bassa Federal Constituency on the same ground.