By Bashir Aliyu
The Court of Appeal in Abuja has nullified the election of Governor Caleb Mutfwang of Plateau State, Daily Trust is reporting.
In a unanimous decision, the three-member panel, on Sunday ruled that Mr Muftwang was not sponsored by his party, the Peoples Democratic Party (PDP).
The court held that the appeal brought by Nentawe Goshwe of the All Progressives Congress (APC), was valid as the issue of qualification was 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 court ruled that the failure of the PDP to comply with the order of the Plateau State High Court in Jos directing it to conduct valid ward, local governments and state congresses before nominating its candidates for the various elective posts was a breach of the law.
Therefore, the court set aside the judgement 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”.
The panel ordered the Independent National Electoral Commission (INEC) to withdraw the certificate of return issued to Mr Muftwang and issue a fresh one to Mr Goshwe of the APC.
However, unlike the affected lawmakers who had to vacate their seats following the appeal court ruling, Mr Muftwang will remain in office until the Supreme Court rules on the matter if he chooses to appeal the ruling. This is because the Supreme Court is the final arbiter for governorship and presidential elections while the Court of Appeal is the final arbiter for legislative elections.
