The 16 sacked members of the Plateau State House of Assembly, running on the platform of the Peoples Democratic Party (PDP), have filed a motion with the Court of Appeal to overturn the previous ruling of the same court that declared their elections invalid.
Recalls that all PDP legislators in the State Assembly were declared ineligible for office by the Court of Appeal due to the absence of organisational framework within the party to support candidates.
Nevertheless, in the wake of the Supreme Court’s decision upholding Governor Caleb Mutfwang’s election—whose case was also overturned at the Court of Appeal—the dismissed lawmakers have maintained that they remain members of the House.
They consider themselves to have been vindicated by the Supreme Court’s decision.
In their motion on notice, with suit Nos. CA/J/33M/2024 and CA/J/31/M/2024, the sacked lawmakers—among them Bala Fwanje Ndat and Datugun Paul Naankot—said they should be restored to the House in accordance with order 6 regulations 1 of the Court of Appeal, 2021.
As part of their remedies, their attorney, Garba Paul, SAN, said that the Court of Appeal and the electoral tribunal lacked subject matter jurisdiction.
The lawmakers stated that “the judgement of the Court delivered on the 24th day of November, 2023, is a nullity,” which was the basis for their arguments in the motions.
The appellants are seeking “An order setting aside the decision of this Honourable court in appeal No. CA/J/EP/PL/SHA/62/2023, Dagogot Karyt Owen & Anor Vs Independent National Electoral Commission (INEC), & Ors on 24th November, 2023, per E.O Williams-Dawodu, Abdul-Azez Waziri and E.O Abang, JCA.”
They argue that the earlier Court of Appeal order should be reversed in light of the Supreme Court’s decision to allow Caleb Mutfwang’s candidature and sponsorship.
The lawmakers sought to return to the Assembly, nearly causing a state-wide political disaster in the process.
Members of the APC who benefit from the Court of Appeal decision are yet to be sworn in by the Speaker of the House, Gabriel Dewan Kudagbena. The Speaker made his judgement based on contradictory court instructions.
cc: Daily Post Ng
