Plateau gov’s removal: APC, PDP clash as A’Court sacks third opposition gov

The following day, the same court invalidated the election of the Kano State Governor, Abba Kabir Yusuf, of the New Nigeria Peoples Party

Worried by the serial losses suffered by their governors and lawmakers at the courts, the PDP Deputy Legal Adviser, Okechukwu Osuoha, declared that the recent court judgments were not in tandem with the law.

But the Director of Publicity for the APC, Bala Ibrahim, riposted that it was people who did not understand how the judicial process works that were accusing both the APC and the Presidency of trying to turn Nigeria into a one-party state.

Mutfwang of the PDP had scored 525,299 votes while the candidate of the APC, Goshwe polled 481,370 votes in the March 18 governorship election in the state.

Goshwe challenged the victory of Mutfwang at the tribunal claiming that the governor was not validly nominated and sponsored by his party.

He also said there was non-compliance with the Electoral Act in the election.

The Governorship Election Petition Tribunal had dismissed his petition for lacking in merit, but Goshwe headed to the appellate court.

However, Justice Williams-Dawodu, in the lead judgment, set aside the decision of the tribunal.

The judge held that Mutfwang was not validly sponsored by the PDP and that he was not qualified to have contested the election because the PDP did not conduct valid state, local government, and ward congresses ordered by a High Court of Plateau State and it had no structure as at the time of the election.

Citing section 177 of the Constitution, she held that the governor was not validly sponsored by the PDP during the election.

She held that the party violated a court order, directing it to conduct a valid congress in the 17 Local Government Areas of that state.

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

The court 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 locus 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.

She then ordered INEC to retrieve the certificate of return issued to the governor and issue a fresh certificate of return to the Goshwe.

Williams-Dawodu said,” 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.”