S’Court Reverses Sack of Caleb Mutfwang as Plateau Governor 

Alex Enumah in Abuja

The Supreme Court on Friday set aside the judgment of the Court of Appeal, which voided the election of Governor Caleb Mutfwang of Plateau state.

A five-member panel of the court reversed the decision of the appellate court for being perverse on the grounds that the issue of primary election that produced Mutfwang as outside the jurisdiction of the lower court.

Besides, the apex court pointed out that the validity of nomination and sponsorship is not a valid ground to void an election.

“The court of appeal lacked jurisdiction to entertain it,” it said, besides the issue of sponsorship has elapsed long ago, adding that the petitioners not being members of the PDP have no locus to challenge the primary election of the PDP. “Since they are not members of the PDP, the tribunal and Court of Appeal have no right at all to look into the issue”.

On the issue of whether the order of the Plateau State High Court can affect the National Executive Committee (NEC), the apex court held that the appellate court was wrong in holding that the order affects the NEC.

Besides, Justice Agim stressed that the issue of primary is an internal matter of political parties which both the tribunal and Court of Appeal lacked jurisdiction.

Agim also pointed out that contrary to the claim of the petitioners and the judgment of the appellate court, the order of the Plateau High Court was not disobeyed by the PDP as evidence showed that a fresh primary was conducted.

It warned the legal profession to wake up or else it would render itself irrelevant.

“The judgment of the Court of Appeal is set aside. The election of the appellant is restored and the judgment of the tribunal affirming the election of the appellant is hereby affirmed,” Agin said.

Meanwhile, the Presiding Justice, John Okoro, lamented that a lot of people have suffered because of the wrongful judgments of the appellate court which had sacked several legislators who won elections under the platform of the PDP.

Justice Helen Ogunwumiju also berated the appellate court to go into the issue of nomination and sponsorship despite several decisions of the apex court to the effect that another political party cannot challenge the primary election of another.

INEC had on March 20, 2023, declared Mutfwang of the PDP as the winner of the Plateau governorship election having scored 525,299 votes, against the 481,370 votes of of the APC and its candidate, Nentawe Goshwe.

In its judgment in September 2023, the three-member panel of the Plateau tribunal affirmed Mutfwang’s election and dismissed Goshwe’s petition for being incompetent and lacking in merit.

Not satisfied, the petitioners proceeded to the appellate court where the three panel voided the judgment of the tribunal and ordered the sack of Mutfwang as governor on grounds of illegal nomination.

The appellate court had agreed with the appellants that the primary election that produced Mutfwang as the candidate of the PDP was illegal, unlawful and constituted a violation of a court order.

The appellate court subsequently ordered INEC to issue a fresh Certificate of Return to Goshwe after withdrawing the earlier one issued to Mutfwang.

Dissatisfied, Mutfwang had approached the apex court to set aside the judgment of the appellate court on grounds that the issue of qualification is a pre-election matter, adding that the party did not at any time violate the order of court regarding the organizing of a fresh congress.