In a recent development, the Court of Appeal, situated in Abuja, has overturned the election of Simon Mwadkwon, a member of the People’s Democratic Party (PDP) who served as the Senate Minority Leader representing the Plateau North Senatorial District.
Justice Elfreda Oluwayemisi Williams-Dawodu, who led the Appeal Court panel, made the decision, asserting that the PDP’s nomination of Mwadkwon was not conducted in accordance with legal requirements. Consequently, the court has mandated a new election to take place within the next 90 days.
Simon Mwadkwon, a member of the PDP, was initially declared the winner of the 2023 election on March 1st by the Independent National Electoral Commission (INEC). He secured 155,681 votes, surpassing his competitors, Gyang Yaya Zi of the Labour Party with 79,831 votes and Giwa Musa Christopher of the APC with 78,392 votes.
Unsatisfied with the election results, Giwa Christopher of the APC (EPT/PL/SEN/01/2023) and Azi of the Labour Party (EPT/SEN/04/2024) brought their concerns to the tribunal. In their separate petitions, the petitioners argued that Mwadkwon’s candidacy was invalid because the PDP had not adhered to a previous court order mandating the party to conduct a proper state congress.
However, on August 24th, 2023, the tribunal, presided over by Justice Muhammed Muhammed, ruled that the Labour Party’s Senatorial candidate, Gyang Zi, lacked the legal standing to interfere in the PDP’s nomination of Senator Mwadkon as the party’s candidate for the 2023 general elections. Therefore, they dismissed the petition, stating that nomination and sponsorship of candidates are internal party matters and should be addressed at the Federal High Court.
The tribunal also rejected claims of non-compliance with the Electoral Act 2023, asserting that the petitioners failed to provide concrete evidence of over-voting and non-compliance with the electoral act. The petitioners were expected to present polling unit agents as eyewitnesses, which they failed to do.
Subsequently, on August 25th, Justice William Rotimi Olamide of the tribunal ruled against the APC Candidate, deeming the petition irredeemable.
Unhappy with these outcomes, Gyang and Giwa pursued their case further by approaching the Court of Appeal.
In a recent judgment, the Appeal Court maintained that the PDP had failed to field a valid candidate in the election. Furthermore, they noted that the PDP had not fully complied with the Plateau High Court’s previous order, as 12 Local Government Areas did not participate in the Congress. As a result, the court ruled that Mwadkwon’s election was invalid and ordered the Independent National Electoral Commission (INEC) to organize a fresh senatorial election in Plateau North within the next 90 days.
In a related development, the Appeal Court also nullified the election victory of Hon. Musa Agah Avia, who represented Jos North/Bassa Federal Constituency in the House of Representatives on the PDP ticket. The court ruled that his nomination by the PDP was not valid and has ordered a new election to be held within 90 days.
Avia was initially declared the winner by INEC with 87,609 votes, defeating his closest rival, Gwani Alkali of the PRP, who received 67,331 votes, and Daniel Asama of the Labour Party with 41,950 votes. Unsatisfied with the result, Alkali lodged a complaint and pursued it through the legal process.
Justice Okon Abang, who delivered the leading judgment on Sunday, declared the election of Hon. Avia null and void, and ordered a fresh election to take place within 90 days. This decision was based on the court’s determination that Avia’s nomination by the PDP was flawed.
Alkali, representing the PRP, then sought further recourse through the Appeal Court. The case is currently pending before the Appeal Court, awaiting a judgment.
