The Appeal Court in Abuja has nullified the election of Plateau State Governor, Caleb Mutfwang, and ordered the Independent National Electoral Commission (INEC) to issue a Certificate of Return to the All Progressive Congress (APC) candidate, Nentawe Goshwe.
The lead Justice, Elfrieda Williams-Dawodu, deemed the judgment of the Tribunal affirming Governor Mutfwang’s election as highly incompetent.
The court ruled that the tribunal’s dismissal of the APC’s petition on the grounds that they had no business interfering in the affairs of the Peoples Democratic Party (PDP), on whose platform Mutfwang was elected, breached the constitution and electoral laws.
It held that the issues raised were both pre-election and post-election matters, rejecting the tribunal’s status bar decision.
Citing Section 177 of the Constitution, the panel stated that Mutfwang was not validly sponsored by the PDP, as the party violated a court order to conduct a valid congress in all 17 local government areas but only conducted it in five, rendering it a nullity.
The court ordered INEC to retrieve Mutfwang’s certificate of return and issue a new one to Goshwe, emphasizing that the qualification issue is both a pre-election and post-election matter.
The court also noted that under section 134 of the Electoral Act, it is the sole right of a political party to sponsor its candidate having met the necessary requirements to do so.
Justice Okon Abang agreed with the judgment, pointing out that the PDP needed to resolve its issues in Plateau State to avoid self-inflicted misfortune.
