PLATEAU: BREAKING: COURT OF APPEAL DISMISSES PLASIEC’S PRELIMINARY OBJECTION, REFUSES PDP’S APPLICATION TO STOP LG ELECTIONS, ADJOURNS TO 22nd NOVEMBER

By: Valentine Adese (JP),

The Court of Appeal, Jos Division has dismissed the Preliminary Objection (PO) filed by the Plateau State Independent Electoral Commission (PLASIEC), which was challenging the jurisdiction of the Court to hear the Appeal No: CA/J/190/2021, filed by the Plateau state chapter of the Peoples Democratic Party (PDP), which is challenging the decision of the Plateau State High Court in suit No. PLD/249/2021, which dismissed its Originating Summons challenging the powers of PLASIEC for excluding the party from the elections slated for tomorrow.

The panel unanimously held that the PO failed.

Also, the application by the PDP urging the Court to stop the schedule Plateau State Local Government elections for tomorrow was also refused.

In its ruling delivered by, Hon. Justice Boloukuromo Ugo (JCA), the Court of Appeal held that, the arguments of the Respondent (PLASIEC) in its Preliminary Objection  were flawed concerning the jurisdiction of the Court to entertain the Appeal hence, the PO failed and was dismissed.

And on the other hand, the Injunction Order sought by the PDP was refused because, as a Court, they have to uphold the provisions of Section 7 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and not allow the appointment of undemocratic leaders by the Governor.

The Court also explained that, “the application is bound to fail, as no Court orders the stoppage of an election”.

The Court however, granted the application for Abridgment of time, and Accelerated hearing of the main Appeal.

The panel led by Hon. Justice, Mudashiru Oniyangi (JCA), has adjourned the matter to the 22^nd of November for hearing of the Appeal.

Reacting to the ruling, the lead Counsel to the PDP, E. G. Pwajok (SAN) has called for calm, as he explained the ruling to supporters of the PDP and Journalists.

You would recall that REALITY had earlier reported that, the Court of Appeal had declined to grant an application for adjournment by the Plateau State Independent Electoral Commission (PLASIEC), to enable it react to two processes of the Peoples Democratic Party (PDP).