Judicial Shake-Up: APC Secures Victory as Court Ousts Plateau State Governor Mutfwang

The Court of Appeal in Abuja has overturned the election of Plateau State Governor, Caleb Mutfwang, and declared Nentanwe Yilwatda Goshwe of the All Progressives Congress (APC) as the rightful Governor of Plateau State. In a ruling on Sunday, lead Justice Elfrieda Williams-Dawodu directed the Independent National Electoral Commission (INEC) to issue a Certificate of Return to Goshwe, overturning the Tribunal’s judgment that affirmed Mutfwang’s election, which the court deemed highly incompetent.

The court found that the tribunal’s decision to dismiss the petition filed by the APC and its candidate on the grounds that they had no right to intervene in the affairs of the Peoples Democratic Party (PDP), Mutfwang’s platform, violated Section 177 of the 1999 Constitution as amended and Section 134 (C) of the Electoral Act. The court emphasized that the issues raised in the appellants’ petition were both pre-election and post-election matters and should not have been considered as statutorily barred.

In its unanimous judgment, the 3-member panel of the Court of Appeal, led by Justice Elfrieda Williams-Dawodu, cited Section 177 of the Constitution, asserting that the governor was not validly sponsored by the PDP for the election. The court held that the PDP’s sponsorship of the governor was null and void because the party failed to comply with a court order mandating a valid congress in all 17 local government areas of the state. Instead, the PDP conducted a congress in only five local government areas, violating the court’s directive.

The court also noted the absence of evidence indicating the PDP’s compliance with the High Court order directing a valid party congress before sponsoring the governorship and other candidates. Dismissing the decision of the Plateau State Election Petitions Tribunal, the court emphasized that the issue of qualification is both a pre-election and a post-election matter, contrary to the tribunal’s findings that the appellant lacked the standing to contest the respondent’s validity.

Under Section 134 of the Electoral Act, the court underscored that it is the exclusive right of a political party to sponsor a candidate who meets the necessary requirements. Invoking Section 136 of the Electoral Act, the court ordered INEC to revoke the Certificate of Return issued to Governor Mutfwang and issue a fresh one to Goshwe. The ruling serves as a significant legal development, reshaping the political landscape in Plateau State.