Court quashes APC’s bid to stop Plateau LG polls

A Jos High Court on Friday quashed a bid by the All Progressives Congress to stop the Plateau State Local Government election fixed for February 25.
Justice David Mann, in his judgement, described the suit by the APC as completely lacking in merit.
Mann dismissed the suit and awarded damages of N50,000 to each of the defendants in the matter.
The defendants were the Plateau State Government, the State Attorney-General and Commissioner for Justice, the Plateau State Independent Electoral Commission and the Plateau State House of Assembly.
The APC had asked the court to stop the polls, citing the law in use as defective.
The Counsel to the APC, Badamasi-Kabir Adam, pointed out that the commission was operating with two conflicting laws.
Adam said the election should be stopped for the laws to be clarified to avoid the confusion that would ensue.
According to him, the PLASIEC law promulgated in 2011 is being used side by side with another made for the electoral body in 2013.
However, Justice Mann held that the PLASIEC law 2011 and 2013 were the same law.
He said that it was the 2011 PLASEC law that was gazetted in May 2013 as PLASIEC law.
“It is the same law and did not differentiate,” Justice Mann said.
According to the judge, reference made to the wrong law did not vitiate the notice of election issued by the commission.
The judge also held that the Plateau State House of Assembly had rights to make laws for local government elections so long as it did not conflict with the laws made by the National Assembly.
He said that the views of counsel that the PLASIEC law was inconsistent with the Electoral Act, 2010 was grossly misconstrued.
Mann added: “The electoral Act 2010 has nothing to do with local government elections but apply only to Area Councils and State elections.
“I find the originating summons completely bereft of any merit.
“I hereby dismiss it.
“This is my judgement.”
The APC in its originating summons also asked the court to interpret the 1999 Constitution and provisions of the Electoral Act 2010, which it said were in conflict with the PLASIEC Law 2011.
The APC counsel said that some of the provisions of the law were inconsistent with the provisions of the Electoral Act and the 1999 Constitution and to that extent should be declared null and void.