The Peoples Democratic Party has petitioned the National
Judicial Council over what it called the violation of the
Constitution and Electoral Act by Justice Ekwo Inyang of the
Federal High Court by sitting on a matter that it said ought to
have been handled by an election petition tribunal, as created by
the provisions of our laws.
The party noted that in granting an exparte order stopping the
Independent National Electoral Commission from concluding the
governorship election in Bauchi State, Justice Inyang violated
Section 87(11) of the Electoral Act, which states that no court has
the power or jurisdiction to stop any election pending the
determination of a suit.
In an affidavit sworn to by the PDP’s National Chairman, Prince
Uche Secondus, in Abuja on Tuesday, the party noted that issues of
collation of results and declaration of winner, is a post-election
event and, therefore, falls under the Electoral Act and
Constitutional provisions for the election petition tribunal.
The affidavit read in part, “Despite this clear provision of the
law, Justice Ekwo decided to hear the application of Alhaji
Mohammed Abubakar and his political party, the All Progressives
Congress (APC), within twenty four hours on 19th March, 2019 and
issued an order on INEC not to continue with the election until the
case before him is finally decided.
“That the collation of results is a post-election event and
under section 87(11) of the Electoral Act, no court has the power
or jurisdiction to stop any election pending the determination of a
suit.
“That an election includes voting, collation of results and the
declaration of results.
“That as a result of the order on the Independent National
Electoral Commission, the conclusion of the Bauchi State
Governorship election which was to take place on 19th March 2019
was stalled.
“That the order of Justice Ekwo was made contrary to the
provisions of the Constitution of Nigeria, 1999 as amended dealing
without fair hearing and also section 87(11) of the Electoral
Act.
“That the Chief Justice of Nigeria has constituted the various
Election Petition Tribunals in Nigeria to handle such cases and the
assumption of jurisdiction by Justice Inyang Ekwo is an affront to
the constitution and electoral wishes of the people of Tafawa
Balewa Local Government Area and Bauchi State.”
Secondus added that not only did Justice Inyang violated the
clear provisions of the Electoral Act, the motion granted “is also
an affront to the electoral wishes of the people of Bauchi State
who have clearly chosen their next governor in voting for the PDP’s
candidate, Sen. Bala Mohammed.”
The chairman of the main opposition party urged the NJC to save
the nation’s democracy by taking an urgent step against the alleged
violations by Justice Inyang.
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