2023 Plateau Guber Election: Gov Caleb Mutfwang ‘Narrowly’ Survives ‘Removal Attempt’ As Supreme Court Upholds His Victory
The Supreme Court on Friday upheld Governor Caleb Mutfwang’s victory in the gubernatorial election held in Plateau state on March 18, 2023.
It was a case of surviving ‘removal attempt’ by a hair’s breadth as the aftereffect of the intraparty conflict in the state PDP ahead of the 2023 General Election almost ‘consumed’ the governor.
The governor narrowly survived an attempt to have him removed from office, others, including members of the state parliament were not that lucky- the Court of Appeal had the ‘final say’ with respect to their election cases.
While the Plateau state Election Petition Tribunal had upheld Caleb’s victory, the Court of Appeal had however in a unanimous decision by a three-member panel annulled his victory and ruled that he was not sponsored by his party, the PDP.
The Appeal Court ruled that the appeal filed by the APC guber candidate, Nentawe Goshwe was meritorious given that the issue of qualification is both a pre and post-election matter under Section 177(c) of the Nigerian Constitution and Sections 80 and 82 of the Electoral Act, 2022.
The justices submitted that PDP’s failure to comply with the order of the Plateau state High Court , Jos directing it to conduct valid ward, local government and state congresses before nominating its candidates for positions ahead of the 2023 General Election was a breach of the law.
The Appeal Court set aside the judgment 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’.
Recall that the intraparty conflict in the state PDP had also made the former Minister of Labour, Mr Simon Lalong get declared by the Appeal Court as the real winner of the Plateau South Senate election while APC also took control of the Plateau state House of Assembly in November last year sequel to the decision of the Court of Appeal , Abuja to sack 11 PDP lawmakers in one fell swoop.
Many had consequently looked forward to having a repeat of what was recorded in Zamfara state on May 27 , 2019 , following intraparty conflict in the state APC.
The Supreme Court had invalidated APC participation in the governorship and state and National Assemblies elections in the state in question and had the then APC Governor-elect, Muktar Shehu, and all APC candidates that had won parliament seats sacked.
Team@orientactualmags.com learned that the Supreme Court in the ruling delivered by a five-member panel headed by Justice Emmanuel Agim on Friday however chose to save Governor Caleb Mutfwang’s neck submitting that issues that have to do with the primary election that produced him was outside the jurisdiction of the Court of Appeal.
The apex court in upholding his victory , noted that the validity of nomination and sponsorship is not a valid ground to annul an election victory adding that the Court of Appeal lacks jurisdiction to entertain such a matter.
The apex court added that the issue of sponsorship and nomination had ended long ago while noting that the petitioners, who are not PDP members, had no locus to challenge the party’s primary election.
Justice Agim also noted that the issue of primary election is an internal matter of political parties which both the Tribunal and the Court of Appeal lack jurisdiction to entertain.
‘The whole case is a clear abuse of court process’ Justice Agim submitted-Team@orientactualmags.com
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