The Supreme Court on Friday, upheld the victory of Caleb Mutfwang of the Peoples Democratic Party (PDP) in the March 18 2023 governorship election in Plateau state.
The apex court led by Emmanuel Agim, faulted the court of appeal for voiding Mutfwang’s election, noting that the the whole case is a clear abuse of court process.
The court held that the tribunal and court of appeal cannot determine the issue of validity of a party’s candidate.
It held that matters of the national executive council, and administration of a political party, are internal affairs of the party and cannot be entertained by the tribunal or the court of appeal.
“The election and return of the appellant as governor of Plateau state is hereby restored,” the court held.
In March 2023, the Independent National Electoral Commission (INEC) announced Mutfwang as the winner of the election, having scored 525,299 votes, while Nentawe Yilwatda, candidate of the All Progressives Congress (APC) got 481,370 votes.
Not satisfied with the results, Yilwatda and his party filed a petition challenging the outcome of the election.
Delivering judgment, the tribunal, led by Rita Irele-Ifijeh, held that the issues raised by the petitioners on party structure were pre-election matters, noting that Yilwatda and APC lacked the locus standi to challenge it.
The tribunal also held that PDP held a repeat congress on September 25, 2021, in compliance with the order of a Jos high court delivered by S.P. Gang, the judge.
Aggrieved by the tribunal’s judgment, the APC and its candidate filed an appeal.
In November 2023, the appeal court sacked Mutfwang and ruled that INEC should issue a fresh certificate of return to the APC candidate.
The appellate court’s panel held that the PDP violated the court order that a valid congress be conducted in the 17 LGAs of Plateau.
The court said the party conducted congress in only five LGAs of the state “which amounted to a nullity”.
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