The Abuja Division of the Court of Appeal has reserved its judgment in the governorship appeal by the candidate of the All Progressives Congress (APC), Nentawe Yilwatda Goshwe, against the Peoples Democratic Party (PDP) candidate, Governor Caleb Mutfwang.

The Independent National Electoral Commission (INEC) had declared


Caleb Mutfwang as winner of the March 18 governorship election in the state with 525,299 votes defeating 17 other candidates, including Yiltwatda, who polled 481,370 votes.

Not satisfied, Goshwe challenged the election of Mutfwang at the tribunal claiming that the governor was not validly nominated and sponsored by his party (PDP), that PDP has no structure to sponsor any candidate for the governorship election.

He equally alleged that the election of Mutfwang was not conducted in compliance with the Electoral Act and Mutfwang did not win the majority of lawful votes cast during the election.


However, a three-member panel of the tribunal headed by Justice R. Irele-Ifijeh in a unanimous dismissed the petition for lacking in merit.

Not satisfied, the APC candidate appealed the tribunal judgment and asked the appellate court to declare him winner on the grounds that the governor was not qualified to have contested the election because he was not validly sponsored and nominated by a political party – the Peoples Democratic Party (PDP).

He argued that the PDP lacked structure and was not qualified to sponsor any candidate in an election.

The APC candidate also told the appellate court in his notice of appeal that there was over-voting and non-compliance with the 2022 Electoral Act during the 2023 governorship election in the state.

In arguing his appeal yesterda, lead counsel to the appellants, Prof. Olagoke (SAN) urged the court to set aside the judgment of the tribunal and declare his client as winner.

He told the court that the case of the appellants is that the 2nd responded (Governor Mutfwang) was not qualified to contest election by virtue of lack of valid sponsorship by a political party, contrary to section 177 (C) of the 1999 Constitution.


Olagoke said his submission was predicated on various court judgments including decisions of the appellate court while adding that the court is bound to abide by these 22 decisions for consistency.

He argued that the respondents did not put anything before the court for it to depart from those decisions.

Besides, he submitted that having shown that the governor was not sponsored by the PDP, he remained an independent candidate contrary to section 177 (C) of the 1999 Constitution.

He urged the court to hold that “having been disqualified by reasons of lack of valid sponsorship by a political party, all the votes scored by him were wasted votes and the second candidate with the highest number of votes should be declared winner of the election.”

But in a motion dated October 30 but filed on November 2, 2023, the governor through his legal team anchored by a former Attorney General of the Federation and Minister of Justice (AGF), Mr. Godwin Kanu Agabi (SAN) urged the appellate court to strike out some grounds of the appeal for being incompetent.

He equally filed a notice of preliminary objection challenging the jurisdiction of the court to adjudicate on the appeal.


Attacking the competence of the appeal, Agabi drew the attention of the court to the fact that the issue of nomination and sponsorship of a candidate for election is purely an internal affair of a political party, which the court has no jurisdiction to inquire into.

He submitted that the word qualification used by the petitioner is misleading as the issue raised by the petition bordered on nomination and sponsorship.

On this, Agabi who was with seven other Senior Advocates of Nigeria including Damien Dodo, urged the court to take cognisance of the fact that the word sponsorship and nomination is used 23 times in the petition.

Agabi who urged the court to dismiss the appeal for lacking in merit further submitted that the in about 30 case laws and decisions of the appellate court, the court following judicial precedents, rightly held that it lacked jurisdiction on issues of nomination and sponsorship of candidates of political parties.

The Governor’s counsel submitted that the petitioners contradicted themselves by urging the court to declare them as winners of an election they claimed was invalid, null and void.

He then submitted that in urging the court to pronounce them winner of the election, the petitioners have admitted to the credibility and validity of the election.


“The petition is bedevilled with allegations that the election was marred by acts of non-compliance, corruption and over-voting. The question is can you now turn around to ask the court to declare you a winner of the election that you have stigmatized that is null and void?

“The petition was clearly speculative. In one breadth you are saying the election is a invalid and in another you are saying it was valid and you should be declared a winner,” Agabi submitted.

He accordingly urged the court to dismiss the appeal and upheld the judgment of the trubunal.

In like manner, counsel to the Peoples Democratic Party (PDP), Chief Emeka Etiaba (SAN), moved a motion urging the court to strike out grounds 1 and 8 of appellant’s grounds of appeal together with some other issues raised in the appeal for lacking in competent.

In addition, he moved a notice of preliminary objection challenging the jurisdiction of the court to entertain the appeal.

While canvassing argument on the substantive appeal, Etiaba who had the permission of Ibrahim Isiaku (SAN) to argue the appeal urged the court to dismiss the appeal for lacking in merit.


He argued that the basis of the appellants submissions with respect to the qualification of the governor was incorrect in law.

He drew the attention of the court to the judgment of the tribunal that the governor was validly nominated and sponsored by a political party (3rd responded).

Etiaba added that the issue of nomination and sponsorship is an internal affairs of a political party and a pre-election issue that only a High Court has jurisdiction to entertain.

Earlier, counsel to the Independent National Electoral Commission, W. A. Olajide urged the court to dismiss the appeal for lacking in merit.

He drew the attention of the court to the testimonies of Petitioner’s Witnesses (PW2) and PW5 who admitted at the tribunal that the election was valid and they voted during the election.

In addition he submitted that PW49, an expert witness for the appellants agreed that if the methodology adopted in analyzing the result is faulty, the final result will equally be faulty.


Olajide finally drew the attention of the court to exhibit U- which is an INEC report that it complied with court orders and that even the PW16 admitted that the governor was a member of the PDP.

After listening to submissions of counsel to both parties, the three-member panel headed by Justice Elfrieda Williams- Dawodu said “judgment is reserved to a date to be communicated to parties.

https://sunnewsonline.com/plateau-appeal-court-reserves-judgment-in-appeal-against-mutfwang/?amp

Wahala

The governor will retain his sit.

the three man panel led by justice Dawodu is on an assignment for the president of court of appeal. I expect her panel to annul the election as she has done with others but the supreme Court will do the right thing.

slivertongue:
the three man panel led by justice Dawodu is on an assignment for the president of court of appeal. I expect her panel to annul the election as she has done with others but the supreme Court will do the right thing.

Justice Monica is slightly pro pdp.if appeal court annul the polls,it will be hard for the apex court to annul it.pdp foolishly disobeyed court orders.an appeal court judgment which went against pdp twice was never appealed against.

In other news,hope scored 540,000.he is about being returned

garfield1:
Justice Monica is slightly pro pdp.

The same woman who nullified Wike's election in 2015?

If appeal court annul the polls, it will be hard for the apex court to annul it.

It won't...
An Appeal Court, last month headed by Nwosu-Iheme also upheld a Borno Reps member even when the Borno PDP disobeyed a Supreme Court order.

pdp foolishly disobeyed court orders.an appeal court judgment which went against pdp twice was never appealed against.

An Appeal Court in January this year validated that same Congress.

In other news,hope scored 540,000.he is about being returned

This is unsurprising for anyone who has been paying attention in the last few months.

fergie001:

The same woman who nullified Wike's election in 2015?

Hmmmm.ill like a rerun in plateau...

Collation ends in imo,hope about to be declared.he cheated tinubu here...
Collation about to begin in kogi...I like how inec are doing it one by one
With the way pdp are protesting in bayelsa,it seems Sylva is getting the advantage.

fergie001:

The same woman who nullified Wike's election in 2015?

She annulled it based on preponderances of evidence garnered na.me and you know that if guber cases do not go to apex court,most polls will be annulled as it is easier to convince lower court judges of infractions than appeal.at first instance,one would have annulled rivers and aks polls then.why was she not in pepc if she's pro apc? Why did buhari oppose her elevation initially?

fergie001:

The same woman who nullified Wike's election in 2015?

It won't...
An Appeal Court, last month headed by Nwosu-Iheme also upheld a Borno Reps member even when the Borno PDP disobeyed a Supreme Court order.

An Appeal Court in January this year validated that same Congress.

This is unsurprising for anyone who has been paying attention in the last few months.

I am admiring prof Sylvia AGU.she will never be posted out of imo.where is Barr festus okoye from

garfield1:
Hmmmm.ill like a rerun in plateau...

nah

Collation ends in imo,hope about to be declared.he cheated tinubu here...

He was bound to win nah. Was there election in Imo?

Hope won the day Ihedioha withdrew. Any other person again dey play!

Collation about to begin in kogi...I like how inec are doing it one by one

Kogi? Hahahaha, ok;

With the way pdp are protesting in bayelsa,it seems Sylva is getting the advantage.

PDP is complaining about Brass & Nembe where results are been inflated nothing again.

How many people dey vote for Brass kwanu.
Those are the 2 LGAs he can do anything!

Ward 2! APC 415 | PDP 808

Ward 10: APC 268 |PDP 3098

garfield1:
I am admiring prof Sylvia AGU.she will never be posted out of imo.where is Barr festus okoye from

Okoye has been relieved of his job.

Imo? Hahahaha

fergie001:
nah

He was bound to win nah. Was there election in Imo?

Hope won the day Ihedioha withdrew. Any other person again dey play!

Kogi? Hahahaha, ok;

PDP is complaining about Brass & Nembe where results are been inflated nothing again.

How many people dey vote for Brass kwanu.
Those are the 2 LGAs he can do anything!

Ward 2! APC 415 | PDP 808

Ward 10: APC 268 |PDP 3098

Which wards are those? Hope could have given tinubu 25%.
The prof fashina is sharp

fergie001:

Okoye has been relieved of his job.

Imo? Hahahaha

He wasn't relieved,his tenure wasn't renewed but I wished he was.he did a good job for inec.massive celebration at inec office

garfield1:


She annulled it based on preponderances of evidence garnered na.me and you know that if guber cases do not go to apex court,most polls will be annulled as it is easier to convince lower court judges of infractions than appeal.at first instance,one would have annulled rivers and aks polls then.why was she not in pepc if she's pro apc? Why did buhari oppose her elevation initially?

Then how do you know she is pro-PDP?
You are not speaking of the Appeal Court panel Chair, Elfreda Dawodu who began from the Lagos High Court on 22/05/2001 and hails from Lagos State. Many will also tell you she is pro-APC considering her sack of every other person.

Everyone knows Buhari refused her elevation because of her religion. No Christian has been PCA since 1978.

The first Appeal Court President was Justice Ibekwe who came from the Supreme Court to become Pioneer PCA (1976-1978) and that's it!

She is not the most powerful in election cases, infact all her election cases were overturned. Rivers was overturned, Ahmad Lawan was overturned, Aliero was overturned, Deregistration of political parties was also overturned.

garfield1:
He wasn't relieved,his tenure wasn't renewed but I wished he was.he did a good job for inec.massive celebration at inec office

Dem no give am again nah, despite his colleagues getting another term.

garfield1:
Which wards are those?

Brass

Hope could have given tinubu 25%. The Prof fashina is sharp

He was guiding himself nah, pushing both House of Reps and Senate, wasn't easy.

fergie001:

Then how do you know she is pro-PDP?
You are not speaking of the Appeal Court panel Chair, Elfreda Dawodu who began from the Lagos High Court on 22/05/2001 and hails from Lagos State. Many will also tell you she is pro-APC considering her sack of every other person.

Everyone knows Buhari refused her elevation because of her religion. No Christian has been PCA since 1984.

She is not the most powerful in election cases, infact all her election cases were overturned. Rivers was overturned, Ahmad Lawan was overturned, Aliero was overturned, Deregistration of political parties was also overturned.

All judges judgments get upturned,no be new thing

garfield1:


All judges judgments get upturned,no be new thing

That's why I said she is not the strongest there.

garfield1:


He wasn't relieved,his tenure wasn't renewed but I wished he was.he did a good job for inec.massive celebration at inec office

Was festus okoye pro lp?

Svoboda:


Was festus okoye pro lp?

No

garfield1:


Justice Monica is slightly pro pdp.if appeal court annul the polls,it will be hard for the apex court to annul it.pdp foolishly disobeyed court orders.an appeal court judgment which went against pdp twice was never appealed against.

In other news,hope scored 540,000.he is about being returned

if you noticed I have deliberately ignored your mentions because they are below the quality of a rational person and are tissues of lies. First, the judgement of Justice gang was obeyed and INEC confirmed that. Second, Structure is not a pillar for annulling an election. Third, The mentioned case is a party exco matter that has been appealed and won at the Federal high court. Justice Agishi ruled that PDP obeyed justice gang's orders. Fourth, The case has nothing to do with APC so APC can't continue a case started by kaze who contested the second election and lost and accepted the result and congratulated the winner. Fifth, primaries is an exclusive preserve of a party as ruled by the supreme Court. Sixth, the tribunal and Court of appeal can't entertain pre election matter. Seventh, the issue APC is relying on has no direct relationship with the 2023 election. Eyitayo Jegede Vs Akeredolu settles it. Moreover there is one PDP with one certificate of incorporation and it's PDP Secretariat that submits candidate's name to INEC not state exco. Ain't you worried that you are an advocate of electoral anarchy, theft & injustice. Partisanship ain't madness, do you want to destroy the fourth republic by encouraging evil? I will love it if you don't bother my mention with issues that won't help the stability of the nation. pls stay with the normal taunting and partisanship but eliminate anarchy and falsehood.

fergie001:

The same woman who nullified Wike's election in 2015?

It won't...
An Appeal Court, last month headed by Nwosu-Iheme also upheld a Borno Reps member even when the Borno PDP disobeyed a Supreme Court order.

An Appeal Court in January this year validated that same Congress.

This is unsurprising for anyone who has been paying attention in the last few months.

He will still win no doubt but that figure is over inflated

People didn't come to vote because the outcome was obvious.

The judgement of the tribunal will be uphold!