The Court of Appeal in Abuja has nullified the election of Senate Minority Leader, Senator Simon Mwadkwon, who is representing Plateau North- Senatorial Disrict in the National Assembly.
In a unanimous judgement, the three member panel led by Justice Daudu Williams, held that the PDP did not validly nominate Senator Simon Mwadkwon.
The judgment was on the appeals by Chris Giwa of the All Progressives Congress (APC) and Gyang Zi of the Labour Party (LP).
Giwa and Zi had appealed against the judgment of the elections petitions tribunal which sat in Jos, Plateau State, affirming Mwadkwon as the winner of the senatorial election.
The panel also held that it is their view that court orders were not fully complied with by the PDP as 12 LGAs didn’t participate in the congress.
The court however ordered a re-run for the Plateau North Senatorial seat, to be conducted in 90 days
The Court cited non-compliance with a subsisting court order from the Plateau State High Court made since 2020 for the PDP to conduct Congress before nominations, as a key factor in their decision.
The Panel at the Appellate court led by Justice Okon Abang, also Nullified the Victory of Honourable Musa Agah Avia of the Peoples Democratic Party representing Bassa North, in the House of Representatives.
In the lead judgment on Sunday, Justice Elphreda Dawodu-Williams held that the earlier order by High Court was not fully complied with by the PDP as 12 Local Government Areas did not participate in the said congress.
Justice Dawodu-Williams added:
“The court made total findings with regard to the issue in focus.
“To avoid anarchy, I agree with the appellants that the court must protect an order of another court.
“I agree with the appellant that the third respondent (PDP) had no valid structure and could not have claimed to have validly nominated the second respondent (Mwadkwon) for the election.
“Given the findings of this court, the appeal, therefore, succeeds as the court order was not complied with.
“The first respondent (INEC) is hereby ordered to conduct another senatorial election in Plateau North within 90 days.”
Peoplesmind