Senator Gyang Pwajok of Plateau State has accused the Congress for Progressive Change of trying to “mischievously mislead” the Chief Justice of Nigeria over a court order that nullified his (Pwajok’s) election.
Pwajok, who reacted to a protest letter written by the Plateau State Chapter of the CPC over his continued stay in the Senate after the December 20, 2012 nullification of the October 6, 2012 by-election for Plateau North Senatorial District, also accused CPC of playing “unclean politics”.
The CPC, in a “letter of complaint” to the CJN, signed by its Chairman, Alhaji Mubashiru Aliyu, and dated July 15, 2013, wondered why Pwajok was still in the Senate after an Abuja Federal High Court nullified his election.
The nullification order resulted from a case filed by the CPC, alleging that INEC wrongly disqualified its candidate, Tony Gaga, from contesting the polls to fill the seat that became vacant after the death of Senator Gyang Dantong on July 8, 2012.
In his judgment in the case, Justice A. F. Ademola ordered that a fresh election should be held within 90 days, while directing Pwajok to vacate the seat.
In the petition, CPC observed that the fresh polls had not been held while Pwajok was still in the Senate, describing the situation as “a slap on the integrity of the judiciary”, which had the tendency to create anarchy.
The CPC had earlier written a protest letter to the President of the Senate, Senator David Mark, on June 26, 2013, in which it declared Pwajok’s stay in the Senate as “illegal”, threatening to embark on a peaceful protest against the “injustice”.
But Pwajok, in a written response to the CPC, dated July 26, 2013, described the letter to the CJ as |very shocking”, especially since Aliyu was “fully aware of the facts on ground”.
Specifically, Pwajok, through his counsel, Sunny-Gabriel Odey, stated that he had filed an appeal against the judgment nullifying his election, in which he challenged the competence of the court to entertain the case.
Pwajok had faulted the court’s competence to nullify an election using a pre-election matter and noted that only the election petitions tribunal had the powers to nullify elections.
He said: “The appeal has been entered as Appeal No. CA/A/45/2013 at the Abuja Division of the Court of Appeal, with PDP and Sen. Pwajok as appellants, while CPC and INEC are respondents.
“We, the appellants, also promptly filed a motion for stay of execution and injunction pending the appeal on December 24, 2012, which was equally served on you.”
Besides, the senator reminded the CPC that it (CPC) had filed an appeal against the said judgment by way of cross appeal on January 13, 2013 and followed that up with a cross appellant’s brief on February 21, 2013, while his (Pwajok)’s cross respondents’ brief was filed on March 21, 2013.
Pwajok said that the fact that the CPC had filed a cross appeal against the December 20 judgment only confirmed that the party, which filed the case and purportedly secured the said nullification, was equally not satisfied with that judgment.
“In addition to the above processes, your counsel has filed other interlocutory applications at the Court of Appeal, all of which are pending for determination,” he said.
He also recalled that INEC had filed its own appeal against the judgment under reference, stressing that it was intriguing that the CPC chief could feign ignorance of the clear facts.
The letter said: “We view what you have done as an unclean way of playing politics because it is not right for you to kickstart the ventilation of your grievance through due process, only to do a u-turn by screaming blue murder while your appeal is pending at the Court of Appeal.”
Pwajok advised Aliyu and CPC to allow further processes of law to take their due courses after they lost the petition at the election petitions tribunal in Jos.
He, therefore, asked the CPC to withdraw its “complaint” to the CJN and await the decision of the Court of Appeal on the matter.
He also advised the complainants to play politics without bitterness.
Trending
- Transcorp Power appoints Non-Executive Directors
- Troops neutralise 192 terrorists, apprehend 341 others in one week – DHQ
- Why we sacked coach Paul Offor – Sporting Lagos FC Chair
- JUTH records first set of IVF quadruplets
- Victor Boniface: From military barracks to Bundesliga glory, by Kayode Adebiyi
- GOtv Boxing Night 31: Abimbola targets N1m cash prize
- Police arrest driver for alleged unlawful possession of pistols
- Navigating boss-subordinate relationship, by Kenechukwu Aguolu