A State High Court sitting in Jos, yesterday threw out APC’s case against the Plateau State Independent Electoral Commission (PLASIEC) for its failure to affix stamp and seal on election materials, and for what it termed in the suit as “the abuse of processes”.

The APC and its leadership led by its Chairman, Letep Dabang had filed a suit against the Plateau State Independent Electoral Commission (PLASIEC) before Justice Longji of the Plateau State High Court, Bukuru – Jos, challenging the competence of PLASIEC to have conducted the Feb. 25, 2014 Local Government polls.

But Justice Longji declared that APC’s failure to obtain Stamp and seal of the Nigerian Bar Association (NBA) abused the court process and so denied him (Justice Longji) the opportunity to entertain the case in his court.

APC had through its Counsel, Mr Tonny Agaga, asked the court to determine and rule on the fact that the leadership of PLASIEC, including the Chairman and all members of the commission, were at the time of their appointment, PDP card carrying members. Agaga argued that if these individuals are disqualified because of their partisanship, then they couldn’t lawfully occupy the office and discharge the functions as such nullifying the results of the election.

“My Lord, we submit that PLASIEC is not legally and properly constituted to conduct the LG elections of Feb. 25, 2014, as such –the results of the election are null & void and that the “14 elected council chairmen” cannot benefit from an election that was ab initio void”. Agaga argued.

In their defence, counsels to PLASIEC, the sacked 14 LG Council Chairmen and the PDP, Messers Ben Choji, Philemon Dafi and Gyang Zi –challenged the competence of the court process case and the right of the Plaintiffs to be heard by the court.

“No counsel has the right of audience before any competent court of law as long as the case has not been stamped and sealed by NBA as required by law, ’’. Dafi had argued.

Citing the decision of the Supreme Court ruling in the case between APC and Bello Sarkin Yaki,  Dafi said “affixing stamp and seal, which has not been done by the plaintiff, rendering Agaga’s argies unworthy of the rights of audience in the matter.

Consequently, Justice Longji said in respect to the Supreme Court decision on the issue of stamp and seal, which the plaintiff had failed to comply with, he could not entertain or hear the case –thereby throwing it out.

Delivering his judgement, Justice Longji said “Having looked at the argument put before me by the counsels of the plaintiff and defendants in this case, the plaintiff’s Counsel lacks right of audience in this matter and in this court, accordingly the case is hereby struck out. ’’

Addressing journalists shortly after the ruling, Dafi described it as “the right decision” by the judge –commending him for observing the rule of law.

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Jos High Court throws out APC’s case against PLASIEC