The Court of Appeal has nullified the Election that brought in Peoples Democratic Party, PDP, Candidate, Caleb Muftwang as Governor of Plateau State.

A three-member panel, in a unanimous decision on Sunday, held that Muftwang was not validly sponsored by the Peoples Democratic Party, PDP, as provided by Section 285(2) of the Nigerian Constitution, hereby declaring the All Progressives Congress, APC, Candidate, Nentawe Yilwatda Goshwe as the winner of the March 18th, 2023, Gubernatorial Poll in the State.

The Court has however ordered Electoral Umpire, the Independent National Electoral Commission, INEC, to withdraw the Certificate of Return issued to Muftwang with immediate effect.

INEC had declared Mutfwang winner with 525,299 votes, while Goshwe was credited with 481,370 votes at the Polls, prompting Goshwe to petitioned the election tribunal, alleging irregularities in the conduct of the PDP primaries and seeking to nullify Mutfwang’s election.

However, the Tribunal dismissed the petition, ruling that it lacked merit because PDP’s congress was an internal party affair.

Goshwe further appealed to the Tribunal’s decision to the Appeal Court, requesting that the Tribunal’s judgment be overturned.

The APC’s legal team argued that Mutfwang’s candidacy was invalid due to flaws in PDP’s primaries.

However, Mutfwang’s lawyers countered that APC’s claims were unsubstantiated and lacked merit.

The three-member panel of the Appeal Court, led by Justice Elfrieda Williams-Dawodu, said the Tribunal’s decision was contrary to the provisions of the Electoral Act and relevant laws regarding jurisdiction, membership and sponsorship by a political party.

Williams-Dawodu held there was no evidence that the PDP complied with a subsisting High Court order which had directed it to conduct a valid party congress prior to its sponsorship of the governorship and other candidates.

The appeal court held that the issue was not about nomination or sponsorship but disobedience to a subsisting court order which had not been set aside.

Williams-Dawodu said the Tribunal was “highly inconsistent,” and “perversely” dismissed the petition against the governor following the invalid state congress of the PDP.

For that reason, he declared that the judgment of the Tribunal affirming the election of governor Caleb “stands to be set aside.”

“The appeal is hereby allowed. The issue is resolved in favour of the appellants,” the judge held while ordering that the APC candidate be returned as governor.

“The first petitioner (appellant) is perfectly entitled to be returned as governor. INEC is directed to withdraw the certificate of return from Caleb,” the court held.

 

Details Later…..