The Court of Appeal sitting in Abuja on Tuesday upheld the judgment of the Plateau State National Assembly Elections Petitions Tribunal, which declared the Minister of Labour, Simon Lalong, the winner of Plateau South Senatorial District election.
The Independent National Electoral Commission had declared Napoleon Bali of the Peoples Democratic Party winner of the election.
INEC said Bali won with 148,844 votes, while Lalong scored 91,674 to come second in the February 25, 2023 election.
But Lalong asked the tribunal to nullify Bali’s election on the grounds that the PDP did not have a proper party structure and, therefore, could not field candidates for the election.
The Tribunal, in an unanimous judgment read by Justice Muhammad Tukur, said the PDP, having no structure, lacked the right to have taken part in the election.
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The Tribunal held that the votes scored by Bali in the February 25, 2023, general election were wasted votes.
Bali approached the Appeal Court, asking the court to set aside the judgment.
The three-man panel of the Appeal Court led by Justice Elfrieda Williams-Dawodu held that the matter was both a pre- and post-election matter, adding that the Tribunal was correct to have looked at the issue.
She held that the PDP was wrong not to have obeyed subsisting orders asking that a new congress should be conducted in the state.
Williams-Dawodu ruled: “Section 287 of the Nigerian Constitution said all are expected to observe orders of the court.
“The order was in the realm. It is binding on all persons.
“It is immutable and until it is set aside and must be complied with.
“This issue is hereby resolved against the appellant. Invalidly nominated candidates cannot attract lawful votes.
“This appeal fails.
“The tribunal judgment is hereby affirmed.”
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