Appeal Court unseats Senate Minority Leader, Mwadkwon, orders fresh election

The win of Senate Minority Leader Simon Mwadkwon in the senatorial election for Plateau North on February 25 was overturned by the Abuja division of the Court of Appeal. Mwadkwon had been the incumbent senator.

This occurred as a result of the Appeal Court ordering the Independent National Electoral Commission, also known as INEC, to hold new elections within the next three months.

Chris Giwa of the All Progressives Congress (APC) and Gyang Zi of the Labour Party (LP) both filed appeals, and the court has now rendered a decision regarding both appeals.

Giwa and Zi had filed an appeal against the judgement of the National/State Election Petitions Tribunal in Jos, Plateau State, which had previously recognised Mwadkwon of the Peoples Democratic Party (PDP) as the legitimate winner of the senatorial election. Giwa and Zi had argued that the PDP candidate should be considered the legal victor of the election.

They said that Mwadkwon did not meet the requirements to run for office because the PDP did not have any structures in place.

Justice E. Daudu, reading the lead judgement, came to the conclusion that the People’s Democratic Party (PDP) did not fully comply with the decision of the High Court because twelve local government districts did not take part in the aforementioned party congress.

“The court arrived at complete findings in regard to the matter that was the primary concern.

“I agree with the appellants that in order to avert anarchy, this court must uphold an order that was issued by another court.

“I agree with the appellant that the third respondent did not have a valid structure and could not have claimed to have validly nominated the second respondent (Mwadkwon) for the election. I believe that this is because the appellant is correct.

“In light of the findings of this court, the appeal is granted because the court order was not carried out in accordance with its terms.

According to the ruling that was handed down by Daudu, “the first respondent is hereby ordered to conduct another senatorial election in Plateau North within 90 days.”