A Federal High Court sitting in Abuja has nullified the election of Senator Gyang Pwjok and Honourable Kaneng Gyang Fulani.The court, presided over by Justice Adeniyi Ademola, also ordered a fresh by-election in their constituencies — Plateau North Senatorial District and Barkin-Ladi State Constituency.
The nullified by-elections were conducted by the Independent National Electoral Commission (INEC) on 6th October 2012 in Plateau North Senatorial District and Barkin-Ladi State Constituency, producing Senator Pwjok and Hon. Kaneng as replacement for Senator Gyang Datung and Hon. Gyang Fulani respectively, who were killed during a funeral ceremony in Plateau earlier in the year.
Justice Adeniyi Ademola, who gave the order, said that the independent National Electoral Commission (INEC) must conduct the fresh election within 90 days.
The court also granted consequential orders against the duo of Sen. Gyang Pwajok and Hon. Kaneng Gyang Fulani to stop parading themselves as representatives of the affected constituencies forthwith.
According to the order, the affected legislators are to vacate their office as Senator and House of Assembly member immediately.
The court equally awarded a N5m cost against INEC in favour of the applicant, the Congress for Progressive Change (CPC) in Plateau state.
The applicant approached the court after names of its candidates for the by-election in the affected constituencies were rejected by INEC.
The court held that following the amendment of the electoral Act 2010, INEC no longer withholds the power to reject names of candidates nominated by political parties.
