Appeal court upheld tribunal judgment which declared Lalong winner of Plateau South Senatorial election

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The Appeal Court sitting in Abuja on has upheld the judgment of the National Assembly Election Petitions Tribunal, which declared former Plateau state governor Simon Lalong as winner of the Plateau South Senatorial election.
The Independent National Electoral Commission (INEC) had declared Napoleon Bali of the Peoples Democratic Party (PDP) winner of the election, having scored 148,844 votes, against 91,674 votes scored by in the February 25 elections.
However, Lalong, who is currently minister of Labour, approached the the tribunal to nullify Bali’s election on the grounds that the PDP did not have a proper party structure and, therefore, could not file candidates for the elections.
The tribunal, had in a unanimous judgment on read by Justice Muhammad Tukur, said the PDP, having no structure, lacked the right to have taken part in the election.
The tribunal held that the votes scored by  Bali in the February 25, 2023, general elections were wasted votes.
The PDP candidate had approached the appeal court, asking the it to set aside the judgment of the election petition tribunal.
However three-man panel of the Appeal Court led by Justice Elfrieda Williams-Dawodu, in a judgment delivered on Tuesday, 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.
“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 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,” she held.
The appeal court, had in a similar judgment sacked Simon Mwadkwon, the senator representing Plateau North on the platform of the PDP on the grounds that he was not validly nominated by the PDP for the election because 12 Local Government Areas (LGAs) did not participate in the congress that nominated him as candidate of the party.
The court declared the election inconclusive and ordered INEC to conduct a rerun for all political parties within 90 days.