Seriki Adinoyi in Jos
The Court of Appeal sitting in Jos, Plateau State Friday, affirmed the judgment of the Election Petitions Tribunal that sacked the lawmaker from representing the Bassa/Jos North Federal Constituency within the House of Representatives, Musa Agah of the Peoples Democratic Party (PDP), and ordered the Independent National Electoral Commission (INEC) to return Muhammad Alkali of the Peoples Redemption Party (PRP) because the validly elected candidate within the February 26, 2022 bye-election.
The tribunal had in September 2022 held that the PDP candidate was not validly nominated by his occasion, having a subsisting judgment of a High Court that the PDP had no legitimate construction in Plateau State to appoint a candidate.
The tribunal additionally dominated that there was over-voting within the outcomes declared by INEC that introduced Agah as the winner of the bye-election.
But the PDP candidate and his occasion approached the appellate courtroom and urged it to dismiss the judgment of the tribunal.
But ruling on the case Friday, the Court of Appeal upheld the judgment of the tribunal and insisted that the nomination of the PDP candidate was an error, because the state chapter of the occasion lacked the construction to supply a candidate for the election.
According to the Appeal Court, the PDP took crucial issues without any consideration when it did not adjust to an earlier judgment which directed the occasion to return and do the best factor by constituting a legally acceptable EXCO of the occasion.
The Appeal Court presided over by three Justices headed by Justice Teni Hassan, subsequently, ordered INEC to withdraw the Certificate of Return earlier issued to Agah of the PDP, and subject similar to Gwoni Mohammed of the PRP because the legally elected candidate for the election.
On the problem of over-voting in the course of the election, the appellate courtroom dominated that the declare couldn’t be substantiated.