Dissatisfied with the outcome of the Plateau State 2023 governorship election, the candidate of the All Progressive Congress (APC), Dr Nentawe Yilwatda, has filed over 400 pages of petition at the Election Petition Tribunal to challenge the victory of Barrister Caleb Mutfwang of the Peoples Democratic Party (PDP).
According to the petition filed by his lawyer, Prince Lateef Fagbemi SAN, the petition was predicated upon three grounds, one of which was that Caleb Mutfwang, at the time of the election, was not qualified to contest the election, and therefore, his election was invalid by reason of non-compliance with the electoral act.
Nentawe, who is the first petitioner, with the APC as the second petitioner, further contended that Mutfwang was not duly elected by the majority of lawful votes cast at the election.
According to the petitioners, in the election conducted by INEC on the 18th of March, Mutfwang was not qualified, having not been validly nominated or sponsored by the PDP or any political party as a candidate in the contest.
It further stated that about two years ago, Mr. Bitrus Kaze and eleven others sued the PDP and 24 others and secured judgement at the Jos High Court, where it was ordered that the party should go and conduct fresh congresses for the election of EXCO members at the ward, local government, and state levels.
Yiltwada added that the PDP did not conduct the fresh congresses as ordered by the Jos High Court, adding that the PDP later challenged the decision of the Plateau State Independent Electoral Commission when it disqualified it from sponsoring or participating in an election as a result of its failure to comply with the earlier Court order in respect of Bitrus Kaze and the party.
He averred that on May 6, 2022, the PDP, not satisfied, lodged an appeal at the Court of Appeal in Jos and that the appeal was unanimously dismissed, adding that the appellate court further affirmed the judgement of the Jos High Court.
The APC governorship candidate further averred that the PDP was also not satisfied with the decision of the Court of Appeal and proceeded to the Supreme Court, where it also lost, and the case was dismissed on December 7, 2022.
Supported by a series of case files to justify his petition, Nentawe also disclosed that INEC conducted a bye-election in February last year in the Pankshin South state constituency, where the PDP challenged the return of the APC candidate, Ezra Yardi Dakup.
Nentawe further disclosed that during the trial, the APC challenged the locus standi of the PDP and its candidate, Peter Dasat, to contest the election, having not complied with the order of the Jos High Court.
According to him, in September last year, the National Assembly and Houses of Assembly Election Petition Tribunal held that the PDP was yet to comply with the order of the Jos High Court in the case of Bitrus Kaze and others.
Nentawe further said that, dissatisfied with the decision of the National Assembly Election Petition Tribunal, the PDP appealed the outcome at the Court of Appeal, and in October last year, it was dismissed.
As if this were not enough, Nentawe brought the case of the Jos North/Bassa Federal Constituency of the House of Representatives election, where Musa Agah was earlier returned as the winner of the election.
He further stated that the PRP and its candidate challenged the victory of Agah on the basis of the fact that he was not qualified to contest the election, having not been sponsored by the PDP, which was yet to comply with the order of the Jos High Court.
Nentawe said based on that premise, the National Assembly Election Petition Tribunal held that Agah was not qualified to contest the election for the failure of the PDP to comply with the order of the Jos High Court.
Nentawe also said that the PDP and its candidate went on appeal, which the appeals court dismissed in October last year.
The APC governorship candidate disclosed that, till date, the PDP is yet to comply with the mandatory court order in the Bitrus Kaze case.
