The applications of the 16 People’s Democratic Party (PDP) members of the Plateau State House of Assembly (PLSHA) were temporarily halted by the Court of Appeal in Abuja, the federal capital territory.
It is well known that the 16 PDP members of the house of assembly in Plateau state filed a motion for extension of time to apply to set aside judgments of the Court of Appeal, as well as a motion to set aside the said judgments.
The sacked lawmakers, including Bala Fwanje Ndat and Datugun Paul Naankot, among others, in their motion on notice, with suit No: CA/J/33M/2024 and CA/J/31/M/2024, said pursuant to order 6 rules 1, 9(1) and 10 of the Court of Appeal Rules, 2021, they should be reinstated into the House.
Chief Garba S. Pwul, SAN, presented reliefs arguing that the election tribunal and the Court of Appeal lacked jurisdiction over the subject matter.
The Supreme Court’s ruling that confirmed the nomination and sponsorship of Plateau State Governor Barr. Caleb Mutfwang is sufficient for the Court of Appeal to overturn its earlier decision.
However, On the 27th of February, 2024, the application for extension of time came up before the Court of Appeal in Abuja for hearing. Their Counsel, Chief Garba S. Pwul, SAN, notified the Court that an application has been made on their behalf to the President of the Court of Appeal for a full panel (5 Justices) to be constituted, considering the fact that the Court has been asked to depart from its previous decision.
The presiding Justice insisted on proceeding with the applications but the learned SAN stood his ground. In anger, the Court struck out the applications for extension of time, and ruled that, before further processes are filed in the matter, cost of N2,000,000 must be paid to the 4 sets of respondents, totaling N8,000,000.
However, Rt. Hon. Gabriel Dewan, the Speaker of the House, has not yet delivered the oath of office to the APC members who are beneficiaries of the Court of Appeal judgment sought to be set aside.
Conflicting court orders served as the Speaker’s deciding factor.