…Says judgement foretold
The Court of Appeal in Abuja yesterday (Sunday) nullified the election of Mr Caleb Mutfwang as governor of Plateau State.
The three-man panel headed by Justice Elfrieda Williams-Dawodu ruled unanimously that Muftwang was not validly sponsored by the Peoples Democratic Party (PDP) to participate in the March 18 governorship election held in the state.
The court held that the appeal brought by Mr Nentawe Goshwe of the All Progressives Congress (APC) was valid as the issue of qualification was both pre and post-election matters under Section 177(c) of the Nigerian Constitution and Sections 80 and 82 of the Electoral Act, 2022.
The court ruled that the failure of the PDP to comply with the order of the Plateau State High Court in Jos directing it to conduct valid ward, local government and state congresses before nominating its candidates for the various elective posts was a breach of the law.
“There is nothing to show this court that the court order was complied with. As long as there was a breach of a court order, the appeal is hereby allowed and resolved in favour of the appellants (Nentawe and APC),” Williams-Dawodu stated.
The court set aside the judgement of the governorship election petitions tribunal describing it as “highly inconsistent and breach of fair hearing by relying on expunged witnesses’ statements to refuse Goshwe’s appeal.”
It held that all the votes that were credited to Mutfwang and the PDP after the election amounted to wasted votes.
Consequently, the court ordered the Independent National Electoral Commission (INEC) to withdraw the certificate of return it earlier issued to Mutfwang of the as winner of the governorship poll.
It also ordered that the candidate who received the second majority lawful votes in the election be sworn in as governor of the state.
“The first petitioner is perfectly entitled to be returned as the duly elected Governor of Plateau State, having passed the constitutional requirements to be returned. The first respondent (INEC) is hereby ordered to withdraw the certificate of return of the second respondent and issue it to the petitioner,” the judge further said.
Recall that the same panel of the appellate court had on November 7, also sacked a senator and three members of the house of representatives who won election of the platform of the PDP in Plateau State.
The panel based its decision on the failure of the PDP to fully comply with a court’s order made in 2022, which it said directed the party to conduct congress in the 17 local government areas in the state.
It held that evidence the PDP produced to prove that it complied with the order showed that 12 council areas were excluded in a purported congress it held to select its candidates for the 2023 general elections.
The court, therefore, held that though the lawmakers won their respective seats during the national assembly election held on February 25, all the scores allocated to them amounted to wasted votes as they were not valid candidates.
However, unlike the affected lawmakers who had to vacate their seats immediately following the court’s ruling, Muftwang will remain in office until the Supreme Court rules on the matter, if he chooses to appeal the ruling.
This is so because the Supreme Court is the final destination for the governorship and presidential election matters while the Court of Appeal is final for the legislative election cases.
Meanwhile, Mutfwang has reacted to the judgement describing it as a “temporary setback.”
However, he said he would not be discouraged him from repositioning the state on the path of unity, peace and progress.
The governor expressed strong optimism that the mandate given to him by the people of Plateau State would be restored, saying he had instructed his legal team to file an appeal at the Supreme Court.
Spokesman for the governor, Mr. Gyang Bere, said Mutfwang had cautioned citizens of the state and supporters of the PDP to remain calm and assured them that as long as God remains on the throne their mandate would be preserved and protected.
He reiterated his commitment to the rule of law and said there was light at the end of the tunnel, as he had unwavering faith in the judiciary and the constitution of Nigeria.
Mutfwang appealed to his supporters and residents of the state to maintain law and order, adding that Plateau would be victorious while restating his commitment to continually serve the state with dedication and integrity.
Also reacting, the PDP said it foretold of the Sunday judgement.
Spokesman for the party, Mr Debo Ologunagba, said the PDP saw the judgement coming and alerted the Nigerians who, in turn, thought that the party was playing politics.
“We certainly will approach the Supreme Court to test this judgement. This frightening pattern by the plateau appeal court panel constitutes a clear and present danger to our democratic process, national peace and stability; a bad precedent for judicial mischief and, particularly, a recipe for anarchy, chaos and breakdown of law and order in already tensed Plateau State.
“The people of Plateau State are unsettled by allegations in the public domain that the Plateau State Election Appeal Court Panel has been hugely compromised and induced by the failed All Progressives Congress (APC) in Plateau State to undermine the will of the people by snatching elections clearly won by the PDP and awarding same to the APC, as now evidenced in its inexplicable varying judgements on same election context and circumstances.
“What can explain the brazen departure by the appeal court panel from the judicial practice, where cases with similar facts and applicable laws, especially before the same court, at the same material time, result in different outcomes?
“Curiously, the panel, in the most concerning pattern, reached different conclusions with respect to election appeals with the same subject matter, same facts, same circumstances and same applicable laws in bias judgements clearly skewed against the PDP in favour of the APC.
“As you are aware, from the votes cast in the 2023 general election, the PDP recorded a sweeping victory over the APC in Plateau State,” ThisDay quoted Ologunagba as saying.
