PLATEAU STATE ELECTIONS: WE FEAR THAT PLASIEC MAY HAVE OTHER PLANS. PDP TELLS PLATEAU STATE HIGH COURT

By: Valentine Adese (JP),

The Plateau State chapter of the Peoples Democratic Party (PDP) has told the Plateau State High Court presided over by, Hon. Justice I. Kunda that, the Plateau State Independent Electoral Commission (PLASIEC) may have other plans than filing a Motion on Notice to challenge the hearing of Suit Number, PLD/ J249/2021, which is challenging the powers of PLASIEC to charge political parties and their candidates Fees and attempting to exclude the PDP from participating in the election during the ongoing Court vacation.

You would recall that, from the face of the suit, the PDP had also told the Court that, PLASIEC had already rejected the list of candidates that the Caretaker Committee of the party in Plateau State had sent to the umpire and has fixed the date for the elections in the 17 local government councils in the state.

E.G.PWAJOK (SAN), S. G. ODEY (ESQ), S. OYAWOLE (ESQ), OTHERS

While expressing its fears through, E. G Pwajok (SAN) its Counsel, who led, S.G Odey (Esq), S. Oyawole (Esq) and other Four Lawyers, the PDP requested the Court to direct that, all the processes filed in the matter be moved today (11/08/2021), during the hearing of the case, as they don’t know what PLASIEC is planning next.

This request was opposed by the Counsel for PLASIEC, G. S. Pwul (SAN).

In the Court’s ruling after hearing the submissions of the Counsels in the matter, Justice Kunda said, the court would first hear the Motion separately as it is fundamental in deciding the jurisdiction of the Court else, “the entire exercise and processes would be a nullity and futile”.

After the Motion was moved by Pwul (SAN) and opposed by Pwajok (SAN), the Court adjourned the matter to the 20^th of August, 2021, for ruling on the Motion on Notice challenging its hearing the suit filed by the PDP against PLASIEC during vacation.

FOR THE RECORD: READ THE COUNTER AFFIDAVIT OF THE PDP TO THE PRELIMINARY OBJECTION OF PLASIEC, DATED 16^TH JULY, 2021, BELOW:-

 

 IN THE HIGH COURT OF JUSTICE OF PLATEAU STATE

              IN THE JOS JUDICIAL DIVISION

                               HOLDEN AT JOS

 

SUIT NO: PLD/J250/2021

BETWEEN:                                                         

PEOPLES DEMOCRATIC PARTY=========CLAIMANT/RESPONDENT 

AND 

PLATEAU STATE INDEPENDENT

ELECTORAL COMMISSION============DEFENDANT/OBJECTOR 

CLAIMANT/RESPONDENT’S COUNTER AFFIDAVIT TO NOTICE OF PRELIMINARY OBJECTION DATED 16^TH JULY, 2021 AND FILED ON 23^RD JULY, 2021 

I, Pam Gyang Davou, Male, Christian, Legal Practitioner, Nigerian Citizen of Peoples Democratic Party, No. 20/22 Yakubu Gowon Way, Jos, hereby make Oath and state as follows:

1. That I am the Organizing Secretary of the Caretaker Committee of the Peoples Democratic Party in Plateau State by virtue of which position I am conversant with the facts of this case.

2. That I have the consent and authority of the Claimant/Respondent and its counsel to depose to this Counter Affidavit.
3. That the Defendant/Objector served its notice of preliminary objection on the Claimant/Respondent’s counsel on the 26^th July, 2021.
4. That I have gone through the said notice of preliminary objection and the affidavit in support.
5. That I was informed by the Claimant/Respondent’s lead counsel E.G. Pwajok, S.A.N. in his office at No 28 Ahmadu Bello Way Jos on the 28^th July, 2021 at about 1.00p.m. and verily believe him to be true as follows:

(a)     The originating summons filed by the Applicant in the main is challenging the decision of the Defendant to exclude the Claimant/Respondent from the forthcoming local government elections in Plateau State.

(b)     That the reliefs the Claimant/Respondent is seeking in this matter is essentially for the benefit of the claimant/respondent who has statutory right/power to sponsor candidates in an election.

(c)      The candidates whom the Claimant is sponsoring for the purpose of the election are not necessary parties to this suit.

(d)     That by the Guidelines issued by the Defendant/Objector which is marked Exhibit A to the affidavit in support of the originating summons, at paragraph 2a thereof, Nomination Forms are to be obtained by the political party and not the candidates of the political party.

(d)     The Claimant/Respondent’s candidates did not personally apply to the Defendant/Objector for Nomination Forms but the Claimant/Respondent did in line with Exhibit 2a to the affidavit in support of originating summons.

(e)      That it is the political party that canvases for votes and not the candidates that it is sponsoring.

(f)      The victory or failure in an election is that of the political party.

(g)     It is the name and logo of a political party that is reflected on the ballot papers and not that of the candidate at an election.

(h)     That the Defendant/Objector does not deal with candidates of political parties but with their political parties.

(i)      That this suit has all the necessary parties to enable the Honourable Court hear and determine same.

(j)      That this court has the requisite competence to hear and determine this suit.

6. That I was further informed by Hon. Christopher Audu Manship who is the claimant/respondent’s chairmanship candidate for Qua’an Pan Local Government Area and listed as No. 4 on the List of Claimant’s candidates forwarded to the defendant/objector and marked Exhibit J to the affidavit in support of the originating summons on behalf of himself, his deputy and other chairmanship and deputy chairmanship candidates of the 17 local governments of Plateau State in the office of the Claimant/Respondent’s lead counsel, Pwajok, Ikowe & Co, at No 28 Ahmadu Bello Way Jos on the 28^th July, 2021 at about 1.30p.m. and verily believe him to be true as follows:

(a)     That he has the consent and authority of other chairmanship and deputy chairmanship candidates of the claimant to state that they are fully in support of the claim filed by the claimant and that same was filed with their consent being the political party that is sponsoring them for the elections.

(b)     That they are not interested in joining this suit as defendants because they are not contesting the claimant’s claims.

(c)      That they were aware of the preparation of the originating summons before this court and fully supported its filing.

(d)     That they were all in court on the 27^th July, 2021 when this case came up in court and he was authorized to supply the facts in this paragraph of the counter affidavit to the deponent to this counter affidavit.

(e)      That they are ready to be bound by the decision of court in this matter.

(f)      That being members of the claimant/respondent, they have no reason to join this suit as (defendants) having given their consent to the claimant/respondent to pursue this suit which if successful will directly benefit them.

7. That I was also informed by Wallam Amos who is the claimant/respondent’s councillorship candidate for Tangur Ward in Bokkos Local Government Area and listed on the List of Claimant’s candidates forwarded to the defendant/objector and marked Exhibit J to the affidavit in support of the originating summons on behalf of himself and other councillorship candidates in Bokkos Local Government Area and the remaining 16 Local Government Areas of Plateau State in the office of the Claimant/Respondent’s lead counsel, Pwajok, Ikowe & Co, at No 28 Ahmadu Bello Way Jos on the 28^th July, 2021 at about 2.00p.m. and verily believe him to be true as follows:

(a)     That he has the consent and authority of other councillorship candidates of the claimant to state that they are fully in support of the claim filed by the claimant and that same was filed with their consent being the political party that is sponsoring them for the elections.

(b)     That they are not interested in joining this suit as defendants because they are not contesting the claimant’s claims.

(c)      That they were aware of the preparation of the originating summons before this court and fully supported its filing.

(d)     That they were all in court on the 27^th July, 2021 when this case came up and he was authorized to supply the facts in this paragraph of the counter affidavit to the deponent to this counter affidavit.

(e)      That they are ready to be bound by the decision of court in this matter.

(f)      That being members of the claimant/respondent, they have no reason to join this suit (as defendant) having given their consent to the claimant/respondent to pursue this suit which if successful will directly benefit them.

8. That this objection is an unnecessary distraction to the hearing and determination of the substantive suit before this Honourable Court.
9. That it is in the interest of justice that this notice of preliminary objection be overruled and dismissed with substantial costs in favour of the Claimant/Respondent.
10. That I depose to this counter affidavit conscientiously, knowing and believing its contents to be true and correct to the best of my knowledge, information and belief and in accordance with the Oaths Act.

________________

DEPONENT

Sworn to at the Plateau State High Court Registry,

Jos this ………… day of July, 2021

BEFORE ME:- 

                       _____________________________    

COMMISIONER FOR OATHS

FOR SERVICE ON

The Defendant/Objector

C/o Its Counsel

G.S. Pwul SAN & Partners

Trust White House

34 West of Mines

Jos