The Peoples Democratic Party
(PDP) has petitioned the National Judicial Council (NJC) over a judgment
stopping the Independent National Electoral Commission (INEC) from continuing
with the collation of results in Bauchi state.
Inyang Ekwo of a federal high
court in Abuja had delivered the judgement based on a suit filed by Mohammed
Abubakar, governor of the state and candidate of the All Progressive Congress
(APC) in the election.
Abubakar had headed to the court
to challenge INEC’s decision to continue collating the result instead of
conducting supplementary election as earlier planned.
Ekwo held that the order would
last till the determination of the suit brought before the court by the
plaintiff.
But in an affidavit sworn by Uche
Secondus, PDP national chairman, the
party said Ekwo’s judgment violated the constitution and electoral act.
PDP said by granting an ex parte
order stopping INEC from going ahead with the collation of results in Bauchi,
Ekwo 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.
The opposition party argued that
the matter ought to have been handled by an election petition tribunal already
constituted by the chief justice of Nigeria.
It added that said issues of
collation of results and declaration of winners is a post-election event and
thus falls under the jurisdiction of the election petition tribunal.
“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,” the
affidavit read.
“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.”
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