Plateau Guber: Mutfwang, Goshwe Know Fate as S’Court Reserves Judgment

Alex Enumah in Abuja Abuja

Any time from now, the Supreme Court will give its verdict on the rightful person to occupy the seat of governor between the incumbent, Caleb Mutfwang of the Peoples Democratic Party (PDP), and Nentawe Goshwe of the All Progressives Congress (APC).

A five-member panel of the apex court led by Justice John Okoro, on Tuesday, after taking arguments from lawyers representing parties in the case, stated that judgment in the Plateau State governorship tussle is reserved for a date that would be communicated to all parties.

By the provisions of the Electoral Act, the apex court has 60 days to hear and decide an appeal in a governorship matter and the said 60 days would expire Tuesday, January 16, 2024.

The Independent National Electoral Commission (INEC) had declared PDP’s Mutfwang winner of the March 18 governorship election in Plateau State having scored a total of 525,299 votes as against 481,370 votes polled by Goshwe.

While the Plateau State Governorship Election Petition Tribunal had dismissed Goshwe’s petition against Mutfwang’s election, the Court of Appeal in its own judgment, held that the petition was meritorious and subsequently sacked Mutfwang as governor on the grounds that he was not validly sponsored by his party, the PDP, hence was not qualified to have contested the election.

Miffed by the decision, Mutfwang and the PDP lodged an appeal at the apex court, praying it to reverse the judgment of the appellate court and upheld that of the tribunal for being in tune with the law.

When the matter came up for hearing on Tuesday, Chief Kanu Agabi (SAN), counsel to the governor, urged the apex court to allow the appeal and set aside the judgment of the appellate court for not being on the side of the law and justice.

He stated that the petitioners’ case was centred more on the issue of nomination and sponsorship, which according to him, are outside the purview of the court, adding that the tribunal was right when it held that it has no jurisdiction over the issue.

While faulting the appellate court for holding that the governor was unlawfully sponsored by his party and as such was not qualified to contest the poll, the senior lawyer argued that it was wrong for the appellate court to have made a case for the petitioners when the did not do so.

Besides, Agabi, who noted that four fundamental issues raised in the appeal were not responded to by Goshwe and the APC, and as such should be deemed as conceded, Agabi maintained that contrary to the claims of the petitioners and the judgment of the appellate court, Mutfwang was properly and validly sponsored by his party.

According to him, the PDP as evidence showed indeed complied with the order of a Federal High Court, which had ordered a fresh election for the executive of the state chapter of the PDP.

In addition, Agabi noted that when it comes to the issue of nomination and sponsorship of a candidate in a governorship election, it is the responsibility of the national executive and not that of the state.

Responding, Goshwe’s lawyer, Prof. Joseph Olatoke (SAN), urged the apex court to dismiss the appeal on the grounds that the appellate court was right in holding that the failure of the appellant to be validly sponsored by his party was fatal to his election.

According to the senior lawyer, their was no structure of the PDP in Plateau State as at the time, Mutfwang was nominated to fly the flag of the PDP in the March 18, 2023 governorship election.

However, when asked by the panel whether a tribunal has powers to look into the issue of nomination and sponsorship of a candidate, Olatoke submitted that the court order which the appellate court relied on in sacking the governor was from a case filed by some PDP members and not the APC.

Also, when asked whether an order made without jurisdiction is valid, the senior lawyer pointed out that the said order was affirmed by the appellate court, while an appeal against it was dismissed by the apex court.

Also arguing, counsel to the APC, Mr Omosanya Popoola, while claiming that respondents contrary to the claims of Agabi, reacted to all issues raised by the appellants, aligned himself with the submissions of Olatoke, adding that depending on the nature of the alleged non-qualification, a tribunal can look into the issue of sponsorship of a candidate by his party.

Meanwhile, the electoral umpire through its counsel, Mr S. Atung (SAN), applied for the withdrawal of its appeal challenging the judgment of the appellate court, just as parties agreed that the appeal by the PDP shall abide by the outcome of Mutfwang’s appeal.

After listening to all parties, Justice John Okoro announced that judgment is reserved and that the date would soon be communicated to parties.

A three-member panel of the Court of Appeal led by Justice Elfrieda Williams-Dawodu, had in the lead judgment declared as wasted all votes cast for the PDP in the election.

After nullifying the victory of PDP and Mutfwang, the appellate court then ordered INEC to withdraw the Certificate of Return earlier issued to the governor and issue a fresh one to Goshwe and the APC.

Goshwe and APC had approached the Court of Appeal to challenge the judgment of the Plateau State Governorship Election Petition Tribunal which had dismissed their petition against Mutfwang for lacking in merit.

INEC had declared PDP’s Mutfwang winner of the March 18 governorship election in Plateau State having scored a total of 525,299 votes as against  481,370 votes polled by Goshwe.

Besides claiming that the PDP and Mutfwang did not score majority of the lawful votes cast in the election, the petitioners had argued amongst other issues that the process that produced Mutfwang as candidate of the PDP was in breach of an order of court.

Specifically, they argued that the PDP lacked a political structure in Plateau State and was therefore incapable of validly nominating or sponsoring any candidate for the governorship poll.

But the three-member panel of the tribunal led by Justice R. Irele-Ifijeh, in their judgment dismissed the petition for lacking in merit, thereby prompting the instant appeal which was allowed by the court.

The appellate court subsequently granted the reliefs sought and ordered the sack of Mutfwang as Plateau governor on grounds that he was not validly sponsored by the PDP, hence was not qualified to have contested the election.

The unanimous judgment held that the PDP did not conduct valid state, local government and ward congresses as ordered by a High Court in Plateau State, adding that the party had no structure as at the time of the election.

The victory of the PDP in the National and State Houses of Assembly elections have been voided by the appellate court for the same reason of unlawful sponsorship.

The Court of Appeal had hinged its decision on evidence that the PDP failed to fully comply with a court order that was made in 2022, which had ordered the party to conduct congress in the 17 local government areas in the state.

According to the justices, the evidence revealed that 12 out of the 17 LGAs were excluded in a purported congress held by the PDP to select its candidates for the 2023 general election.