The Appeal Court sitting in Abuja has nullified the election of the Senate Minority Leader, Senator Simon Mwadkwon.
In a ruling on Sunday, the court ruled that the People’s Democratic Party, PDP, did not validly nominate Mwadkwon as its candidate and declared his election null and void.
The court, therefore, ordered a re-run election to be conducted within 90 days to determine the new representative for the Plateau North Senatorial District.
The court ruled that the Electoral Act was not fully complied with by the PDP as twelve Local Government Areas didn’t participate in the congress organised by the party.
It also cited non-compliance with a subsisting court order as a key factor in the decision.
The pursuit of due process, the court declared, necessitated a fresh election for the Plateau North Senatorial seat meaning the PDP will not be participating in the rerun elections as declared by the appeal court.
In the lead judgment, Justice Elphreda Dawodu-Williams held that the earlier order by High Court was not fully complied with by the PDP as 12 LGA did not participate in the said congress.
Justice Dawodu-Williams added: “The court made total findings with regard to the issue in focus.
“To avoid anarchy, I agree with the appellants that the court must protect an order of another court.
“I agree with the appellant that the third respondent, PDP, had no valid structure and could not have claimed to have validly nominated the second respondent, Mwadkwon, for the election.
“Given the findings of this court, the appeal therefore, succeeds as the court order was not complied with.
“The first respondent, Independent National Electoral Commission, INEC, is hereby ordered to conduct another senatorial election in Plateau North within 90 days”.
The verdict came following a legal battle between Gyang Yaya Zi and the Labour Party as the 1st and 2nd Appellants, and the INEC, Mwadkwon, and the PDP as the 1st, 2nd, and 3rd respondents.
