Saturday 28 October 2023


By: Valentine Adese (JP),

Court of Appeal Abuja Division has reechoed the position of Learned Silk, Edward Pwajok (SAN) that, the Plateau State chapter of the Peoples Democratic Party (PDP) candidates in the 2023 general elections stood in the contests as Independent Candidates.

The Court held this position yesterday Friday, while delivering Judgment in the Appeal filed by Rt. Hon. Ibrahim Baba Hassan, seeking the disqualification of Hon. Muhammad Adam Alkali, over alleged certificate forgery.


You would also recall that Pwajok (SAN) had advised the electorate in Plateau State on the eve of the elections not to waste their votes, “As a vote for PDP is a wasted vote”.

In its Judgment, the Court of Appeal declined to take a decision on the alleged certificate forgery allegation on Hon. Alikali on the ground that, the trial Tribunal also did not take a decision on it.

The Court according to our source in a unanimous judgment held that, “Having found that the Lower Tribunal, had not decided on the alleged certificate forgery, the Appeal Court cannot give any judgment to that effect”.

The Appellate Arm of the Tribunal, led by Hon. Justice, Okon Efreti Abang, adding that, “You don’t appeal on sentimental grounds, but against the Judgment of the Tribunal. Where there is no decision, there cannot be an Appeal,” justice Abang held.

You would recall that, Rt. Hon. Ibrahim Baba Hassan and his party, the All Progressives Congress (APC), had challenged the educational qualification of Hon. Muhammad Adam Alkali, of the People’s Redemption Party (PRP), alleging that he had forged his Primary School Certificate to contest the 2023 election into Bassa/Jos North Federal Constituency of Plateau State.

On the issue of the Appellant’s Relief wanting the Court to disqualify the PDP’s candidate, over noncompliance with the provisions of the Constitution of the Federal Republic of Nigeria 1999 (as amended), Justice Abang, held that, the PDP candidate stood election as an independent candidate which is unlawful.

“The 2nd Respondent (Hon. Musa Agah), having not validly sponsored, contested the election as an Independent Candidate, which is alien to the constitution”. The Court held.

The Court has ordered the Independent National Electoral Commission (INEC), to conduct rerun election within 90 days, just as it did in one of the sister Appeals that disqualified and nullified the election of Hon. Musa Agah, of the People’s PDP.

Justice Abang held that, “To avoid this court given contradictory decision, the Independent National Electoral Commission (INEC) is ordered to conduct rerun election within 90 days.”

In another development also on Friday, the Court of Appeal Abuja Division on the Appeal concerning Mikang/Shendam/Quanpan Federal Constituency of Plateau State has ordered INEC to withdraw the Certificate of Return issued to Hon. Isaac Kwallu of the PDP and re-issue it to Hon. John Dafaan of the APC.

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