Uncertainty As Supreme Court Reserves Judgment In Appeal By Sacked Plateau Governor

The Supreme Court has reserved judgment in the appeal of Plateau State Governor, Caleb Mutfwang, against his removal from office by the Court of Appeal, Abuja.

THE WHISTLER reports that the lower court had on November 19 sacked Mutfwang of the People’s Democratic Party (PDP) in an appeal filed by the All Progressives Congress (APC) governorship candidate, Nentawe Goshwe, which challenged his declaration as the winner of the March 18, 2023 election.

The Independent National Electoral Commission (INEC) had declared Mutfwang winner with 525,299 votes, while Goshwe was credited with 481,370 votes.

The Plateau State Tribunal had affirmed Mutfwang’s election on the ground that PDP’s congress remained an internal party affair that cannot be challenged by an outsider.

Undeterred, Goshwe appealed the tribunal’s decision to the Appeal Court, requesting that the tribunal’s judgment be overturned.

In its judgement , a three-member panel of the Appeal Court, led by Justice Elfrieda Williams-Dawodu, said the Tribunal’s decision was contrary to the provisions of the Electoral Act and relevant laws regarding jurisdiction, membership and sponsorship by a political party.

Williams-Dawodu held there was no evidence that the PDP complied with a subsisting High Court order which had directed it to conduct a valid party congress prior to its sponsorship of the governorship and other candidates.

The appeal court subsequently removed the governor, saying the issue was not about nomination or sponsorship but disobedience to a subsisting court order which had not been set aside.

THE WHISTLER reports that the appeal court had equally sacked four PDP lawmakers from Plateau State for emerging from the invalid party congress in contravention of a subsisting order of court.

At the Supreme Court proceedings on Tuesday, the governor’s counsel, Kanu Agabi, a Senior Advocate of Nigeria, said the judgement of the court below should be set aside in line with his appeal filed on December 16, while the decision of the Tribunal should be affirmed.

Agabi said that alleged disobedience to a subsisting orders of court is not part of the grounds to consider in disqualifying a candidate sponsored by a political party.

He argued that the entire petition was founded on the nomination and sponsorship of his client by the PDP.

He said the court departed from judicial precedence of the apex court on the issue of sponsorship is a pre-election matter.

The presiding justice of the five-man panel chaired by Justice Inyang Okoro asked Agabi to address them on the implication of the court sacking almost all the candidates that contested on the PDP platform in the state over a subsisting orders of a court.

Responding, Agabi said he had listed in his brief of arguments how the PDP complied with the order of court.

According to him, the court below only said the compliance was inadequate because the PDP did not have the required numbers of delegates from the Local Government Areas in Plateau state.

“What is the effect of the subsisting order of a high court that said PDP should conduct a valid court?”, the apex court asked again.

Agabi said exhibits were tendered by INEC and others to show that a valid congress was held.

He added that in any case, by the apex court decision, the APC has no standing to challenge the congress of another political party.

Counsel for the APC candidate, Prof. J.O Olatoke, was asked if the order of a high court which obviously was given without jurisdiction can have an effect against the PDP and its candidates.

Olatoke replied that the matter of invalid congress was instituted by PDP chieftains and was affirmed by the Court of Appeal.

After hearing them, the Supreme Court reserved judgement.

The verdict will be passed on or before January 16, when the appeal would elapse.