Federal High Court Jos Stops Re-Run Election into Langtang South Seat of PLHA for Saturday

A Federal high Court siting in Jos has stopped the Independent National Electoral Commission, INEC, , from conducting re-run election in Langtang south for  the state House of Assembly seat on Saturday.

In a suit No :FHC/J/M/16/2017  motion, the judge charged counsel to Independent National Electoral commission  (INEC) to ensure that no election takes place on Saturday, until the determination of matter brought by PDP challenging them.

Justice Dorcas Agishi while delivering her ruling on the application brought by the People Democratic Party, PDP, warned INEC not to go ahead with the conduct of the election on Saturday which she said will be amounting to contempt of court order.

According to her, the court adjourned to 16th of February, 2017 for continuation of hearing and to enable the two counsels harmonize their differences as the PDP counsel will proceed with their response according law.

The appellant counsel, F. O Shaibu applauded the court for the ruling that the judiciary is working

He has earlier filled an application for the stay of execution seeking the court ‘ order of injunction restraining the respondent from conducting rerun election into the seat of member representing Langtang south constituency in the plateau state House of Assembly pending the determination of the appellant to the court of appeal ‘.

The grounds of the application motion of injunction to stop INEC from conducting election in Langtang south seat, the appellant dissatisfied by the decision of the court has appealed to the court of appeal.

Shaibu told the court that if the respondent is not restrained from conducting the election and it goes ahead to do, the appeal of the appellant shall be rendered nugatory.

He said, appeal is the conduct of election with the appellant participating, but if the election is concluded without it and it succeeds on appeal, the success will be empty and money can’t compensate it.

The counsel, Barr Shaibu argues that section 6,6 order 26 rule 2(1) 32 rules of this honourable court, has he entered appearance for,  the Judge warned INEC with contempt of court order if it didn’t stop bye-election in Langtang south.

“If you go ahead you know what the court is capable doing, Court the affidavits was supported with 10 paragraphs and the notice of appeal is hereto annexed as Exhibit, “PDP 1 he said

“You would recalled that the election of Hon Vincent Venman Bulus was quashed over criminal involvement and money laundering by EFCC Two years ago”, he explained.

Hon Bulus was accused defrauding the daughter of the former daughter of Sen Jonah David Jang which affected the primary of PDP in Langtang south member of PLHA.

Governor Lalong Loses Appeal Against Sacked 271 Councillors

Plateau State Governor, Simon Lalong, has lost an appeal filed against 271 elected Councillors he sacked in July 2015, before the Court of Appeal sitting in Jos.

It would be recalled that the sacked Councillors, through their Counsel, Gyang Zi, had taken Governor Lalong, the State Attorney General and the State House of Assembly to Court for their removal from office.

They described their removal as “illegal and unconstitutional’’.

The case against the trio was filed before Justice David Mann of the State High ourt III.

But the Governor challenged the jurisdiction of the court to entertain the matter and its decision to take the Councillors’ preliminary objection along with the substantive case.

However, Lalong failed in the suit and quickly appealed against the ruling.

The appellants, through their Counsel, Victor Paul, had prayed the appellate Court to set aside the decision of the lower court.

Paul also sought an order that the preliminary objection of his clients should be heard first before the substantive suit.

But the appellate court, presided by Justices, A.G. Mshelia (lead Judge), A.H. Abiru and E.O. Williams, faulted the objection of the decision of the lower court by Lalong and others.

While upholding the decision of the lower court, the appellate court said “there is no problem with the lower court hearing both the substantive and the preliminary objection at the same time’’.

The judges said the appeal lacked merit and as such, dismissed it forthwith.

Speaking with journalists shortly after the judgment, Counsel to the Councillors, Gyang Zi said the decision was, “very satisfactory’’ as it has gone to show that there was hope for the common man.

Zi said, “We are happy that the appellate court saw reasons with the decision of the lower court and upheld it by dismissing the appeal of Governor Lalong”.

He maintained that his clients would go back to the High Court to continue in pursuance of their rights, having been wrongfully sacked by the state government.