.It’s a temporary setback, we remain optimistic, says Gov
.Celebrate victory with modesty, decorum, APC tells members
The Court of Appeal sitting in Abuja, on Sunday, nullified the election of Governor Caleb Mutfwang of Plateau State.
The appellate court, in a unanimous decision by a three-member panel of Justices, held that Mutfwang was not validly nominated and sponsored by the Peoples Democratic Party, PDP, to participate in the gubernatorial contest that held on March 18.
It held that all the votes that were credited to him and the PDP after the election amounted to wasted votes.
Consequently, the appellate court panel, led by Justice Elfrieda Williams-Dawodu, ordered the Independent National Electoral Commission, INEC, to withdraw the Certificate of Return that it earlier issued to Mutfwang of the PDP as winner of the governorship poll.
It ordered that the candidate that got the second majority lawful votes at the election, should be sworn in as governor of the state.
The judgement followed an appeal that was lodged against governor Muftwang’s election by the governorship candidate of the All Progressive Congress, APC, in the state, Mr. Nentawe Goshwe.
INEC had declared that Mutfwang of the PDP won the gubernatorial contest with a total of 525,299 votes, ahead of the APC candidate, Goshwe, who polled 481,370 votes.
Dissatisfied with the outcome of the election, Goshwe, went before the Plateau State Governorship Election Petition Tribunal to challenge it.
He, among other things, contended that the PDP lacked a political structure in the states and was therefore incapable of validly nominating or sponsoring any candidate for the governorship poll.
Besides, he argued that the election of Mutfwang was not conducted in compliance with the Electoral Act, insisting that he did not win the majority of lawful votes cast during the election.
Meanwhile, a three-member panel of the tribunal headed by Justice R. Irele-Ifijeh, in a unanimous decision, dismissed Goshwe’s petition as lacking in merit.
Not happy with the judgement of the tribunal, Goshwe brought the case before the appellate court, maintaining his ground that the PDP candidate, governor Muftwang, lacked the platform and legal qualification to contest the election.
He further alleged that the election was marred by over-voting and non-compliance with key provisions of the the 2022 Electoral Act.
While adopting his final brief of argument, Goshwe, through his team of lawyers led by Prof. Fakunle Olagoke, SAN, told the court that Mutfwang was not qualified to contest the election by virtue of a lack of valid sponsorship by a political party, contrary to section 177 (C) of the 1999 Constitution, as amended.
However, the governor, through his counsel, Chief Kanu Agabi, SAN, urged the court to dismiss the appeal and uphold the earlier verdict of the tribunal.
Agabi, SAN, argued that the issue of nomination and sponsorship of a candidate for an election was purely an internal affair of a political party which no court had the jurisdiction to wad into.
More so, he contended that the Appellant lacked the locus standi to query a nomination and sponsorship of the candidate of another political party.
Likewise, the counsel for the PDP, Mr. Emeka Etiaba, SAN, urged the court to strike out grounds 1 and 8 of the Appellant’s grounds of appeal, saying they lacked competence.
Etiaba, SAN, argued that governor Mutfwang emerged as gubernatorial flag-bearer of the PDP, through a validly conducted primary election he said was duly monitored by INEC.
Delivering its judgement in the matter on Sunday, the appellate court upheld the appeal and nullified the election of governor Mutfwang.
Other Justices on the panel were; Muhammed Mustapha and Okon Abang.
It will be recalled that the same panel of the appellate court had on November 7, also sacked a Senator and three members of the House of Representatives in the state that won their respective elections on the platform of the PDP.
The panel based its decision on failure of the PDP to fully comply with a court order that was made in 2022, which it said directed the party to conduct congress in the 17 Local Government Areas in the state.
It held that an evidence the PDP produced to prove that it complied with the order, showed that 12 LGAs were excluded in a purported congress it held to select its candidates for the 2023 general elections.
The appellate court, therefore, held that though the lawmakers won their respective seats during the National Assembly election that held on February 25, all the scores that were credited them, amounted to wasted votes as they were not valid candidates.
However, Following the Appeal Court judgment on sunday in Abuja that sack Governor Caleb Mutfwang Plateau state and affirmed Dr. Nentawe Yilwatda youths stage a peaceful protest in Jos.
Daily Champion who went round the city of Jos reports that, the youth floating the street with placards said the verdict is against the wish of the people.
There were presence of heavy security personnel prevent any eventuality that may likely occur.
Speaking with our correspondent, Samuel Bala one of the youth leader in Naraguta B ward of Jos North Local Government Area of the State said what inform their decision to float the street is the judgment that was delivered against Governor Caleb Mutfwang.
“We have seen the signed of injustice meted against Plateau since right from the judgments of PDP National Assembly members. We are not happy about this development and all were demanding is justice.”
On his part Longji Dafur, revealed that the aim of the peaceful protest is to express their grievances towards the judgment that have been delivered today.
“We are calling on National Judicial Council (NJC) of Nigeria to intervene on Plateau matter.”
Plateau State Governor, Barr. Caleb Mutfwang has described the verdict of the Appeal Court that nullified his election as a temporary setback that will not deter him from repositioning the state on the path of Unity, Peace and Progress.
He expressed strong optimism that the mandate overwhelmingly given to him by the people of Plateau State would be restored, as he has instructed his legal team to file an appeal at the Supreme Court.
Governor Mutfwang in a statement on Sunday by his Director of press and Public Affairs, Gyang Bere, admonished citizens of the state and supporters of the Peoples Democratic Party (PDP) to remain calm and assured them that as long as God remains on the throne, the mandate of the people will be preserved and protected.
He reiterated his commitment to the rule of law and assured the people that there is light at the end of the tunnel, as he has unwavering faith in the judiciary and the constitution of Nigeria.
Governor Mutfwang concluded with a strong appeal to supporters, as well as citizens of the state to maintain law and order. He affirmed that Plateau will be victorious to the glory of God and reassured of his commitment to continually to serve the state with dedication and integrity.
In another development, the All Progressive Congress (APC) in Plateau state has applauded the judgment of the Appellate Court which confirmed the victory of its candidate Dr. Nentawe Yilwatda, calling on its members to celebrate the victory with utmost modesty and decorum.
A statement by the state publicity secretary of the party in Plateau, Sylvanus Namang, said the Chairman of the APC in Plateau state, Hon. Rufus Bature who is highly elated by the Appeal Court’s ruling in favour of its party’s candidate, Dr Nentawe Yilwatda, appealed to members and supporters of the APC in Plateau state to remain calm and refrain from any provocative acts that would affect the peace and tranquility of our beloved state.
According to the party Chairman, though the APC has emerged victorious after a lot of patience and respect for the sanctity of the Courts where it painstakingly appealed against the ruling if the first tribunal, the party is appealing to the PDP to call on its supporters to accept their loss in good faith and call on its members not to embark on anything that will lead to the breach of peace in the State.
He said there is no victor and no vanquished as Plateau state and its people remain brothers and sisters who should work for the common good of the state.
The acrimony and disaffection which prevailed in the wake of appeals should be put behind us as Plateau state was reduced to a laughing stock which is most regrettable as our people are reputed to be peaceful and accommodating hence its being referred to as the Home of Peace and Tourism.
Hon Rufus called on security agencies in the state to be on red alert and vigilant to avert any acts of break down of law and order.
Hon. Rufus Bature commended the Court of Appeal Court Judges for their meticulous, impartial and very professional handling of the Appeal.
He congratulated its gubernatorial,. candidate, Dr Nentawe Yilwatda and his Deputy, Hon. Pam Bot Mang over their well- deserved Victory and commended their patience, tolerance and statesmanly disposition while the trials lasted.
He urged them to be magnanimous in victory and work earnestly towards uniting the state and its people regardless of religious or ethno- sectional considerations.
