The 16 sacked members of the Plateau State House of Assembly, representing the Peoples Democratic Party (PDP), have taken their case to the Court of Appeal, seeking to overturn the earlier ruling that nullified their elections.
The Court of Appeal had nullified the election of all PDP lawmakers in the State Assembly, citing the party’s lack of structure to sponsor candidates in the election.
However, the sacked legislators assert that they are still members of the House, citing the Supreme Court’s judgment affirming the election of Governor Caleb Mutfwang, whose case was also nullified at the Court of Appeal. They believe that the Supreme Court’s ruling has vindicated them.
In their motion on notice (with suit numbers CA/J/33M/2024 and CA/J/31/M/2024), the sacked lawmakers, including Bala Fwanje Ndat and Datugun Paul Naankot, argued that they should be reinstated into the House pursuant to Order 6, Rule 1 of the Court of Appeal Rules 2021.
Their counsel, Garba Paul, SAN, contended that both the election tribunal and the Court of Appeal lacked jurisdiction over the subject matter.
The sacked legislators stated that their motions were based on the premise that “the judgement of the Court delivered on the 24th day of November, 2023, is a nullity.”
They are seeking “An order setting aside the decision of this Honourable court in appeal No. CA/J/EP/PL/SHA/62/2023, Dagogot Karyt Owen & Anor Vs Independent National Electoral Commission (INEC), & Ors on 24th November, 2023, per E.O Williams-Dawodu, Abdul-Azez Waziri and E.O Abang, JCA.”
They argue that the Supreme Court’s judgment validating the nomination and sponsorship of Plateau State Governor, Caleb Mutfwang, supports their request for the Court of Appeal to overturn its earlier ruling.
It is noteworthy that the lawmakers had attempted to return to the House of Assembly previously, a move that almost led to a political crisis in the state.
Currently, members of the All Progressives Congress (APC), who are beneficiaries of the Court of Appeal judgment, are yet to be sworn-in by the Speaker of the House, Gabriel Dewan Kudagbena.
The Speaker’s decision is based on conflicting court orders.
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