The Court of Appeal sitting in Abuja on Sunday sacked the governor of Plateau state, Caleb Mutfwang of the Peoples Democratic Party (PDP), and ordered the Independent National Electoral Commission (INEC) to recognize Nentawe Yilwatda Goshwe of the All Progressives Congress (APC) as the winner of the March 18 Plateau state governorship election.
Justice Elfrieda Williams-Dawodu, who led a three-member panel of Justices of the appellate court, while delivering the lead judgment, cited Section 177 of the Constitution, noting that the PDP did not validly sponsor Manasseh for the governorship election.
The panel 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, it is a nullity.
The court, while dismissing the decision of the Plateau state governorship election petition tribunal, 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 legal right 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.
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 Goshwe.
…Details later.
