The case instituted by the All Progressive Congress (APC) challenging the February 25th Local Council elections in Plateau have been quashed by the state high court.

Delivering judgement, Justice David Mann stated that the suit by APC lacked merit and dismissed the suit. He also awarded damages of N50, 000 to each of the defendants in the matter.

The case instituted by the All Progressive Congress (APC) challenging the February 25th Local Council elections in Plateau have been quashed by the state high court.

Delivering judgement, Justice David Mann stated that the suit by APC lacked merit and dismissed the suit. He also awarded damages of N50, 000 to each of the defendants in the matter.

APC had gone to court and asked for the poll to be stopped citing the law in use as defective. The case listed the Plateau Government, the State Attorney-General and Commissioner for Justice, the Plateau State Independent Electoral Commission and the Plateau State House of Assembly as defendants.

Mr Badamasi-Kabir Adam, who is the counsel to the APC stated that the commission was operating with two conflicting laws and then called for the election to be stopped pending clarification to avoid confusion. He said the Plateau State Electoral Commission (PLASEC) law made in 2011 is being used in addition to the law made for PLASEC in 2013.

Justice Mann stated that the PLASEC law 2011 and the PLASIEC law 2013 were the same and added that it was the 2011 PLASEC law that was gazetted in May 2013 as PLASIEC law. He said “It is the same law and did not differentiate”.

The judge added that making reference to the wrong law did not violate the notice of election issued by the commission. He said that Plateau state House of Assembly was empowered to make laws for Local Government elections as long as it did not conflict with the laws made by the National Assembly. He said that it was out of place for the counsel to assert PLASEC law was inconsistent with the electoral Act 2010.

Mann said “The electoral Act 2010 has nothing to do with local government elections but apply only to Area Councils and State elections. I find the originating summons completely bereft of any merit, I hereby dismiss it, and this is my judgement”.

APC has in its originating summons asked the court to interpret the 1999 constitution and provisions of the electoral Act 2010 which it considers to be in conflict with the PLASEC Law 2011. The counsel to the party stated that some of the provisions of the law were inconsistent with the provision of the electoral Act and 1999 constitution and so called for it to be declared null and void.

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Court throws APC’s bid to stop Plateau LG election