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From Godwin Tsa, Abuja.
The Abuja division of the Court of Appeal has sacked Napoleon Binkap Bali as a Senator representing Plateau South Senatorial district on the platform of the Peoples Democratic Party (PDP).
In his place, the appellate court declared the immediate past Governor and current Minister of Labour, Simon Lanlong as winner of the senatorial seat.
In a unanimous judgment on Tuesday, the court nullified the participation of the PDP and its Senatorial candidate in the February 25 National Assembly Election, Napoleon Binkap Bali for Plateau South Senatorial District of Plateau State on ground of refusal to comply with lawful order of Court.
Justice Elfaida Oluwayemisi Williams-Dawodu in his judgment. declared the votes scored by the PDP at the election as unlawful and wasted votes.
Consequently, the court declared Simon Lalong of the All Progressives Congress (APC), who came second in the election as the Senator for the Plateau South Senatorial District.
Justice Williams-Dawodu held that the PDP and its Senatorial candidate have no legal ground to participate in the election having failed to obey the judgment of a Plateau High Court that the party should conduct lawful elections for the purpose of having officers for Wards, Local Governments and State Council.
The Plateau High Court had in 2022 ordered PDP to conduct elections for selection of officers for Wards, Local Governments and the State Chapter of the party which was not complied with.
The Court of Appeal said that disobedience and disregard to clear lawful order of Court was fatal because PDP hurriedly put an illegal Caretaker Committee in place in utter confrontation to the Court judgment.
Specifically, the appellate court held that PDP did not sponsor any candidate for the Plateau South Senatorial district because it was not qualified to stand for any election as at February 25, 2023.
“As at February 25, PDP was on a faulty background at nomination of candidate for any election. It has no legal foundation upon which it’s candidate nomination can stand.
“A positive order of Court must be complied with unless such order is voided and set aside by a higher Court.
“In the instant case, the lawful existing and subsisting Court order was that PDP should conduct elections in line with provisions of the law to have officers at Wards, Local Governments and State Council but the party for reasons best known to it, opted to go against the order.
“I cannot but agreed totally with judgment of the Plateau National Assembly Election Tribunal which in its judgment of September 11, 2023 nullified the participation of PDP in the February 25 National Assembly Election”.
The Court of Appeal subsequently upheld the declaration of Simon Lalong as the lawful Senator for Plateau South Senatorial District having scored second highest votes at the election.
Other Justices of the Court of Appeal who agreed with the judgment are Mohammed Mustapha and Okon Abang.
