Ndubuisi Orji, Abuja, with agency report

The People’s Democratic Party (PDP), yesterday, said it has petitioned the National judicial Council (NJC) over an alleged violation of the 1999 Constitution and Electoral Act by Justice Ekwo Inyang of the Federal High Court, Abuja.

The PDP, in a statement by its National Publicity Secretary, Kola Ologbondiyan, said Justice Inyang granted an ex-parte order stalling the final collation of the Bauchi governorship election result.

The opposition party noted that the judge’s action violated Section 87 (10) of the Electoral Act, which prohibits any court from stopping any electoral process.

The party, in an affidavit sworn to by its National Chairman, Prince Uche Secondus, in Abuja, stated that issues of collation of results and declaration of winner, is a post-election event and, therefore, falls under the Electoral Act and Constitutional provisions for the election petition tribunal.

“Despite this clear provision of the law, Justice Ekwo decided to hear the application of Alhaji Mohammed Abubakar and his political party, the All Progressives Congress (APC), within 24 hours, on March 19, and issued an order on INEC not to continue with the election until the case before him is finally decided.

“The collation of results is a post-election event and under section 87 (10) of the Electoral Act, no court has the power or jurisdiction to stop any election pending the determination of a suit. An election includes voting, collation of results and the declaration of results…The order of justice Ekwo was made contrary to the provisions of the Constitution dealing without fair hearing and also section 87(10) of the Electoral Act…”

In a related development, the PDP has threatened legal redress to stop President Muhammadu Buhari’s inauguration on May 29.

The party described the order on Bauchi as unconstitutional, and threatened to obtain similar ones stopping the swearing in of all candidates of the All Progressives Congress (APC) “particularly President Muhammadu Buhari”.

A Federal High Court in Abuja, on Tuesday, gave an ex parte order directing the Independent National Electoral Commission (INEC) to halt collation of results from Tafawa Balewa Local Government Area of Bauchi State.

The court gave the order in a ruling on a suit filed by Governor Mohammed Abubakar, who is of the All Progressives Congress (APC).

In a statement, yesterday, PDP National Publicity Secretary, Kola Ologbondiyan,  accused the APC of arm-twisting the Judiciary over the election which he claims his party has won.

“Our party should not be constrained into a situation in which we will have no option than to allow our members to seek similar ex parte orders to halt statutory processes, including the swearing-in of APC candidates at various levels, particularly President Muhammadu Buhari.

“The party alerts that such development, which is akin to the infamous order that derailed the 1993 democratic process, is part of the plot by the APC and certain compromised elements in the Independent National Electoral Commission (INEC) to escalate crisis and derail our electoral process.

“The power to collate, suspend collation and or to reverse such decision based on obvious circumstances as the case in Bauchi is clearly within the domain of INEC,” Ologbondiyan said.

The party added that until collation is completed and results declared, “no one can question the constitutional powers of INEC.”