PLATEAU LG ELECTIONS: CAN PLASIEC CHARGE POLITICAL PARTIES, NON-REFUNDABLE FEES AND SET GUIDELINES? PDP ASKS COURT TO DETERMINE

By: Valentine Adese (JP), determine

As the Plateau State Government through the State Independent Electoral Commission (SIEC) is preparing to conduct the next coming Local Government (LG) elections to fill the vacant elective positions in the 17 Local Government Councils, the Plateau State chapter of the Peoples Democratic Party (PDP) has dragged PLASIEC to Court over some alleged dissatisfaction in its methodology and fees been charged.

In the suit No. PLD/J249/2021, the PDP is asking the Court to determine whether by the combined reading of the provisions of Section 197(1) and Section 4 part II of the Third Schedule to the Constitution of the Federal Republic of Nigeria (FRN), 1999 (As amended) and the entire provisions of Plateau State Independent Electoral Commission (PLASIEC) Law 2016, particularly, Sections, 8, 9, 10 and 11, PLASIEC (The Defendant) has powers to charge Political Parties and or candidates of political parties a non-refundable fee through the sale of Nomination Forms, and Administrative charges for the conduct of the 2021 Local Government Elections in the Plateau State.

Secondly, whether the combined reading of Section 7(4) of the Constitution of the FRN, and Article13(1) of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, 2004, PLASIEC has the power to stop any person, who is qualified to vote and be voted for from contesting the LG elections in Plateau State, for not paying a Non-Refundable Fee for Nomination Forms and Administrative charges for the conduct of the 2021 LG elections in the state.

Also, in the Originating Summons filed by, E. G. Pawjok (SAN), of Pwajok, Ikowe & Co. of No. 28 Ahamdu Bello Way, Jos, Counsel to the PDP, with S. G. Odey (Esq), leading Mohammed  Nddayako (Esq), S. Oyawole (Esq) and other Four (4) Lawyers, the PDP wants the Court to determine whether, having regard to the provisions of the PLASIEC Law, 2016 and the Constitution of the FRN,  the Defendant (PLASIEC), acted Ultra Vires its powers when it issued paragraphs 2(c)(d) and (e) of the Guidelines for the 2021 LG elections and whether by the provisions of Section 7(4), of the Constitution of the FRN and Article 13(1) of the African Charter on Human and Peoples’ Rights (Ratified and Enforced) Act, 2004, the Defendant can frustrate the smooth democratic process, which has been copiously guaranteed by the Constitution of the FRN, 1999 (as amended), by charging high fees as Non-refundable fees for Nomination and Administrative charges among others.

As reliefs, is the questions are answered in the negative, PDP on the face of the Originating Summons, is claiming that:-

1. The court should declare that the Defendant has no power under the PLASIEC LAW, 2016, to set down any rules, regulations or guidelines to call on th e Claimant or any political party to make payment(s) to obtain Nomination Forms for the purpose of participation in the 2021 Plateau State Local Government Elections.
2. A declaration that, the Defendant cannot set down any guidelines, rules or regulations demanding for or charging any candidate any amount whatsoever, for the purpose of obtaining Nomination Forms for any charge(s) for the conduct of the 2021 Plateau State LG elections and that, having regard to the provisions of PLASIEC Law, 2016 and the Constitution of the FRN, the Defendant acted Ultra Vires its powers, when it issued paragraphs 2( c, d and e) of the Guidelines for the 2021 LG elections among others.

TO BE CONTINUED…..