‘Purported Nomination Of N. Yilwatda As Plateau APC Guber Candidate Is Null, Void’ – 10 Delegates Declare In Court
The Oasis Reporters
November 18, 2022
By Asile Abel, Jos
Plateau State High Court’s Justice, Hon. Arum Ashoms has adjourned the matter filed by ten All Progressive Congress (APC) members against their party for ruling on application by Dr Nentawe Yilwatda, the APC governorship candidate of the party in the state to join in the matter.
The aggrieved prospective delegates had instituted a legal action against the party for excluding them as the legitimately recognized delegates of the party in the primary election and used other delegates who are not known instead, which is against the constitution of the Federal Republic of Nigeria and that of the APC.
The matter before Justice Arum Ashoms, slated for 17 November, 2022 for determination on the application of the APC governorship candidate, Nentawe Yilwatda seeking to be joined in the matter.
In his argument,the counsel representing Dr Nentawe Yilwatda, Barr A.G Yirvoms told the court that they brought a motion on notice dated 24th Oct, 2022 ,supported by an 18 paragraph affidavit and relying on all the depositions therein.
Yirvoms further pointed out that attached to the application is exhibit A,B & C, accompanied by a written address.
However, praying the court to grant the application and stressing that the crux of their application is that his client, Dr.Nentawe Yilwatda who is the governorship candidate of the party, APC, is a product of the election conducted and this application affect him directly and argued the court to grant it.
In his argument the claimants counsel, Barr S.A Abba vehemently disagreed with the position of Dr Nentawe Yilwatda for claiming to be a product of the election as the matter was brought to court on the 24th May, 2022.
Abba in his deposition, filed a counter affidavit, dated 30th Nov, 2022, with a 4 paragraph counter affidavit accompanied with a written address.
Barr S A Abba argued that the suit of the claimants is challenging their exclusion by the party from contesting in the APC Delegates Primaries which was to produce the delegates that would have produced the preferred candidate, thus Nentawe Yilwatda is not an officer of the party, the APC and therefore not in a position to cause the action because the matter was in the court before the applicant for joinder became the flag bearer of the APC.
He however stressed that the applicant’s content in that suit is filed in bad faith, because it was filed after the emergence as the governorship flag bearer of the party on the platform of the APC.
Barr S A Abba therefore urged the court to throw the application of Dr Nentawe Yilwatda to join in the suit into the trash can where it belongs.
In an interview with Barr Abba, counsel to the claimants said what transpired in the court today is that both parties had argued their matter. “On our part, we the claimants are saying that Nentawe Yilwatda is not having any business in joining the suit. The reasons we canvassed in the court to buttress our argument is that we filed our case before the applicant for joinder was purportedly elected”.
Barr Abbah continued that,”our hope is that he doesn’t join in the suit because his intention to join in the suit amounts to being a busy-body and better described as an interloper, an intruder and doesn’t have business in the matter”.
“He is not an official of the APC,but just a candidate of the party and has no business as what happens in the suit.”
The counsel to Dr Nentawe Yilwatda, Barr.A.G Yirvoms argued that the claimants having withdrawn their motion, whose prayers are considered lifeless because it has been overtaken by events.
Justice Arum I. Ashoms however adjourned the matter to Tuesday, 22nd November, 2022 for ruling on the application on whether Nentawe would be allowed to join in the suit before the substantive matter is dealt with.
