The governorship candidate of the African Democratic Congress (ADC) in the just concluded governorship election in Plateau State, Solomon Nandy Chendan has dragged the Independent National Electoral Commission INEC, Barrister Caleb Mutfwang and the People’s Democratic Party (PDP) to the election petition tribunal sitting in Jos.
Mr. Chendan filled the petition before the election petition tribunal through his counsel, on the ground that the second respondent on the petition, Barr. Caleb Mutfwang was not qualified to contest the election which produced him as a winner.
Caleb Mutfwang of the People’s Democratic Party, PDP was declared winner of the March 18, 2023, governorship election in the state by the Independent National Electoral Commission (INEC) after pulling the majority of votes cast in the election and was returned elected by the State Returning Officer, Prof. Idris Amali on Monday, 20th March, 2023.
The petition with the number EPT/PL/GOV/04/2023 was filed by PRHEMALAW PARTNERS on behalf of the ADC Governorship candidate, on Monday April 10th 2023.
Grounds on which the petitioner, Solomon Nandy Chendan based his petition are that the 2nd Respondent was, at the time of the election, not qualified to contest the election.
“The election of the 2nd Respondent was invalid by reason of corrupt practices or non-compliance with the provisions of the Electoral Act 2022.
“The 2nd Respondent was not duly elected by majority of the lawful vote cast at the election.
“That by virtue of suit No. PLD/J304/2020 Between Bitrus B. Kaze & 11 ors Vs People Democratic Party & 24 Ors, Appeal No. CA/J/EPT/PL/NA/HR/25/2022 Between Peoples Democratic Party & Anor vs Adamu Muhammed Akali & 3 Ors and Supreme Court case No. SC/CV/1341/2022 Between People Democratic Party (PDP) vs Plateau
Independent Electoral Commission, the 2nd Respondent was not lawfully nominated nor legally sponsored by a political party as envisaged by the Electoral Act 2022.
That for the 2nd Respondent to contest an election as the governor he must be duly nominated and sponsored by a political party. Section 84 (1) and (2) of the Electoral Act 2022 which provides as follows:
“A political party seeking to nominate candidates for election under this act shall hold primaries for aspirant to elective positions which shall be monitored by the commission”
“The procedure for the nomination of candidate by political party for the various offices elective positions shall be by direct, indirect primaries or consensus”
That the 3rd Defendant does not have the capacity to nominate the 2nd Respondent as a candidate as at the time they did so, for being in total volition of the order of court made in suit No. PLD/J304/2020 Between Bitrus B. Kaze & 11 ors Vs People Democratic Party.
At the hearing of this petition the petitioner plead the certified true copies of the said judgement and shall rely on same during the hearing of this petition.
That it be determined that all the votes recorded for the 2nd Respondent in the election are wasted votes, owing to the non-qualification/disqualification of the 2nd Respondents.
That it be determined that on the basis of the remaining votes (after discountining the votes credited to the 2nd Respondent) the 1st Petitioner scored a majority of the lawful votes cast at the election and had not less than 25% of the votes cast in each of at least 2/3 of the 17 Local Government Areas and satisfied the constitutional requirements to be declared the winner of the 18th March, 2023 Governorship election.
The petitioner pray for an order, cancelling the election and compelling the 1st Respondent (INEC) to conduct a fresh election at which the 2nd and 3rd Respondents shall not participate.
Another prayer is that, the responded 1, 2 and 3 above, that it may be determined that the 2nd Respondent was not duly elected by a majority of the lawful votes cast in the election for the office of the Governorship
The 2nd Respondent was not validly sponsored and nominated by the 3rd Respondent having regards the following judgements No. PLD/J304/2020 Between Bitrus B. Kaze & 11 ors Vs People Democratic Party & 24 Ors, Appeal No. CA/J/EPT/PL/NA/HR/25/2022 Between Peoples Democratic Party & Anor vs Adamu Muhammed Akali & 3 Ors and Supreme Court case No. SC/CV/1341/2022 Between People Democratic Party (PDP) vs Plateau Independent Electoral Commission
The petitioner is also seeking for an Order directing the 1st Respondent (INEC) to issue the Certificate of Return to the 1st Petitioner (Solomon Nandy Chendan) as the duly elected Governor of Plateau State of Nigeria.
That it be determined that the Certificate of Return wrongly issued to the 2nd Respondent by the 1st Respondent is null and void and be set aside.