An Abuja division of the Court of Appeal has voided the election of Plateau State Governor, North Central Nigeria, Caleb Mutfwang, ordering the electoral body, the Independent National Electoral Commission (INEC) to issue a Certificate of Return to the candidate of the All Progressive Congress (APC) Nentawe Goshwe who came second in the March 18 governorship election in the state.
Justice, Elfrieda Williams-Dawodu in her lead judgement, set aside the ruling of the Tribunal which affirmed the election of Governor Mutfwang, who contested on the platform of the Peoples Democratic Party (PDP).
Justice Williams-Dawodu denounced the ruling of the trial court highly incompetent.
The decision of the tribunal to dismiss the petition filed by the APC and its candidate on the ground that the duo had no business meddling in the affairs of the Peoples Democratic Party (PDP) is in breach of Section 177 of the 1999 Constitution as amended and Section 134 (C) of the Electoral Act, the court held.
The court also held that contrary to the decision of the tribunal that the issues contained in the petition filed by the appellants were pre-election matters, they were both pre-election and post-election matters and could not have been deemed status barred.
Citing section 177 of the Constitution, the panel noted that Mutfwang was not validly sponsored by the PDP during the election.
It held that the party violated the court order that a valid congress be conducted in the 17 local government areas of that state, by conducting congress in only five local government areas of the state, and as such is a nullity.
While dismissing the decision of Plateau State Election Petitions Tribunal, the court held that the issue of qualification is both a pre-election and a post-election matter contrary to the findings of the tribunal which held that the appellant lacked the locus to contest the validity of the respondent.
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.
While evoking section 136 of the Electoral Act, the court ordered INEC to retrieve the certificate of return issued to Governor Mutfwang and issue a fresh certificate of return to the Goshwe.
