
Jos Court of appeal on Friday upheld the declaration of Hon Muhammad Alkali Goni of the People’s Redemption Party(PRP) as winner of the February 26 bye-election for Jos North/Bassa Federal Constituency.
Our correspondent reports that the Court also dismissed an appeal filed by Hon. Musa Agah Avia of the Peoples Democratic Party (PDP).
The Court further ordered that Goni be issued the Certificate of Return and sworn in immediately.
Hon. Musa Agah, had appealled against the judgement of the Election Petition Tribunal, which ousted him from office, in September, 2, 2022.
He canvassed two issues for determination thus, whether he was lawfully nominated, and whether the tribunal was right to have cancelled his votes to declared Muhammad Adam Alkali.
But the Court in a concensus judgement, delivered by Justice, Tani Y. Hassan, flanked by Justices, A. I. Andeyangtso and J.G. Abundaga, held that the tribunal was right in its entire judgement.
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She said that the PDP, did not complied with the subsisting judgements of the State High court, ordering it to conduct lawful congress, it cannot sponsored a candidate for any election.
“The PDP was not competent to sponsored a candidate as at the time of the bye election for Bassa/Jos North Federal Constituency,” the court held.
It further held that the decision of the PDP, not to conduct congresses as ordered by the High Court, which orders were meant to be obeyed was, “flagrant disabused,” and, “…contempt of the Court order.”
Justice Hassan, also judged that the appellants have failed to show any mistake of the trial tribunal in its decision disqualifying the 2nd appellant, ousted Hon. Musa Agah.
“…the nomination of the 2nd appellant was null and avoid,” the Court upheld.
Justice Hassan further judged that the petitioners have proofed to the tribunal, the alleged over voting.
“The tribunal cannot be faulted as it relied on substantial facts.
“The appeal cannot hold, for lacks of merit and is equally dismissed,” she ordered.
Justice Hassan ordered for the nullification of Musa Agah’s certificate of returned, she further ordered for the immediate issuance of certificate of return to Muhammad Adam Alkali, as the duly elected member for Bassa/Jos North Federal Constituency.