Mr Gyang Pwajok
Gyang Pwajok, who was elected on the platform of the Peoples’ Democratic Party (PDP) to represent Plateau North Senatorial district in the Senate, has filed an appeal at the Court of Appeal, Abuja, against the nullification of his election.
Pwajok earlier in the month was sacked from the position by an Abuja Federal High Court.
The Seat became vacant following the death of Gyang Dantong, on July 8. The late senator died along with the Plateau State House of Assembly Majority Leader, Gyang Fulani, after gunmen attacked mourners at a burial in the Bachit, Riyom Local Government Area of Plateau state.
The Federal High Court Judge, Adeniyi Ademola, while delivering his judgment on the matter filed by the Congress for Progressive Change, CPC, nullified the October 6 bye-elections and asked Mr. Pwajok to “stop parading himself as senator”.
The CPC had approached the court to determine whether the first respondent, the Independent National Electoral Commission, INEC, had the power to reject the names of its candidates for the bye-election.
The CPC further asked the court to determine whether INEC had the power, under section 87 of the Electoral Act, to refuse to include the names of its candidates in the ballot papers of the elections.
Mr. Ademola in his judgment said that only the court is constitutionally empowered to disqualify persons from contesting elective positions and therefore, annulled the election.
The court directed INEC to, within 90 days, resolve the problems and include the names of the CPC candidate before conducting a fresh bye-election.
But Mr. Pwajok, in a notice of appeal filed by his counsel, Gabriel Odey, declared that the judge erred when he refused to consider some fundamental issues raised by INEC and the Peoples Democratic Party in their preliminary objection to the matter.
The senator averred that after applying to be joined in the matter since he was directly affected by the issues, the court gave him the nod, but judgment was delivered soon after, without allowing his counsel to present his case.
“While delivering the judgment, the learned trial judge did not consider all the issues therein before dismissing same.
“A court of law is bound to consider all issues validly raised in the appellants’ notice of preliminary objection; any breach of that will deny fair hearing and miscarriage of justice.”
“Having held that it had no power to nullify the said election, the learned trial judge could not have made the consequential orders asking Senator Pwajok to `vacate office with immediate effect’ and ordering INEC to conduct a fresh election within 90 days.
“It is settled that the court cannot hide under its inherent powers to make consequential orders which it ordinarily lacks jurisdiction to make.
“The power to nullify an election and order a fresh one resides solely in election tribunals by virtue of section 285 of the 1999 Constitution,’’ Pwajok said.
The senator urged the court to set aside the judgment and also dismiss the plaintiff’s original suit and all reliefs sought as they all lacked merit.
In the meantime, no date has been fixed for the hearing of the appeal.
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