I congratulate all PDP candidates that emerged winners of the National Assembly Elections that took place on 25th February, 2023. Some of them are people I personally admire.Needless to say that most of their supporters are my friends with whom I rejoice for the overwhelming support they gave their principals.However, I am constrained to advice that they celebrate with some level of moderation due to the impending litigation challenge that may very well see them tumbling down on their faces like pack of cards.The bitter but honest truth is that PDP in Plateau State cannot legally and legitimately field in candidates for various elective positions as they are still living in flagrant disobedience to the order of a court of competent jurisdiction. A vote for PDP in Plateau State might as well be a waste of vote.I know this may sound ridiculous but let’s try to look at the issues devoid of sentiments and emotions.The travail of PDP in the State began in 2020 when Hon. Bitrus Kaze and others instituted an action against the Party in Re: SUIT NO: PLD/J304/2020 BETWEEN: BITRUS B. KAZE & 11 ORS V. PEOPLES DEMOCRATIC PARTY & 24 ORS.In summary, the High Court of Plateau State in that case, presided over by Hon. Justice S. P. Gang made an order which is the basis upon which PDP stands precariously in Plateau State. The order of the court is as follows:“AN ORDER directing the 1st Defendant to take all steps, actions to conduct election for the PDP Executive Committee Members for Plateau State in accordance with the combined provisions of Section 223 (1) (a) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Section 85 (3) of the Electoral Act (2010) (as amended), Article 49 (1) of the Constitution of the People’s Democratic Party and Paragraphs 5.2 -5.5 of the Guidelines for the conduct of Ward, LGA, State, Zonal Congresses and the National Convention of the Peoples Democratic Party.”Intriguingly, the above order has not been complied with by the PDP till date. It is due to their failure to comply with this order that PDP was excluded from participating in the Local Government elections in Plateau State. It is still failure to obey this order that Hon. Musa Agah Avia who won the bye election of Jos North/Bassa Federal Constituency for the House of Representatives lost it to Adamu Muhammad Alkali of the PRP. Musa Agah lost both at the Tribunal and on appeal at the Court of Appeal which is the final court to determine post election matters of the National Assembly.I have decided to annex relevant portions of the Certified True Copy of the judgement of the Court of Appeal in respect of the case of Hon. Musa Agah Avia for your perusal.One thing remains salient. A judgement or order of court remains valid and subsisting until same is set aside by a competent court of jurisdiction. In the instant case at hand, the order of the High Court of Plateau State remains valid, subsisting and binding on PDP until same is set aside. And their perpetual disobedience to that order only means a perpetual disaster to them.Having interacted with some of my PDP friends, one thing keeps recurring in their response to the effect that it was the National body of PDP that came and conducted the primaries for all the candidates who contested and are still contesting on the platform of the PDP in the State. But the question I keep asking is, whether the order of court was against PDP Plateau State Chapter or PDP simpliciter. It will interest you to know that there is just one registered PDP in the eyes of the law. Therefore, it is inconsequential whether it was PDP National that came and conducted the elections bringing about the candidates that emerged. In fact, PDP National, if there’s anything as such by law, should have come to conduct EXCO elections as ordered by the court not to come and conduct primaries elections for aspirants.The purport of this write-up is that PDP which is living in disobedience of the law, cannot validly field in candidates for elective positions. The consequential effect is that anyone who wins on the platform of the PDP in Plateau State, stands the risk of losing his/her position to anyone coming second to them, as you can’t put something on nothing and expect it to stand. I urge you to read the relevant portions of the judgement of the Court of Appeal annexed hereunder to further appreciate the position of the law as regards the issues surrounding the PDP in Plateau State.Equity aids the vigilant and not the indolent.S. D. Dido, Esq.
It is an interested review , if same can be applied for this 2023 plateau election things could have been easy.
PDP PLATEAU STATE AND THE LITIGATION HURDLE AHEAD. – News Parrot
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