The supreme court has reserved judgment in the appeal seeking to stop the removal of Caleb Mutfwang as governor of Plateau state.
The court of appeal in Abuja had on November 19, 2023, sacked Mutfwang as governor of the state.
A five-member panel of the supreme court led by John Okoro, on Tuesday, said the date for judgment will be communicated after parties adopted their respective briefs.
The Independent National Electoral Commission (INEC) had declared Mutfwang winner of the March 18 governorship election in Plateau state, having scored 525,299 votes, while the candidate of the All Progressives Congress (APC), Nentawe Yilwatda, recorded 481,370 votes.
According to the results, the PDP won in 10 LGAs, including Barkin Ladi, Bassa, Langtang north, Langtang south, Riyom, Mikang, Mangu, Jos East, Qua’an Pan and Bokkos while the APC won in seven LGAs which include Shendam, Wase, Jos South, Jos North, Kanke, Pankshin and Kanam
Not satisfied with the results, Yilwatda and his party filed a petition challenging the outcome of the election at the election petition tribunal.
The tribunal led by Rita Irele-Ifijeh, in its judgment held that the issues raised by the petitioners on party structure were pre-election matters, noting that Yilwatda and APC lacked the locus standi to challenge it.
The tribunal also held that PDP held a repeat congress on September 25, 2021, in compliance with the order of a Jos high court delivered by S.P. Gang, the judge.
Dissatisfied by the tribunal’s judgment, the Yilwatda filed an appeal.
The appellate court, in its judgment held that the PDP violated the court order that a valid congress be conducted in the 17 LGAs of Plateau.
The court said the party conducted congress in only five LGAs of the state “which amounted to a nullity”.
The court of appeal, while dismissing the decision of the Plateau state election petition tribunal, held that the issue of qualification is both a pre-election and a post-election matter, contrary to the panel’s conclusion that the appellant lacked the locus standi to contest the validity of the respondent.
The court also agreed that Mutfwang was not properly sponsored by the PDP.
At the supreme court hearing on Tuesday, Kanu Agabi, counsel to Mutfwang, prayed the court to invalidate the judgment of the appellate court on the grounds that the issues canvassed in the petition were pre-election matters.
The apex court is expected to deliver its judgment before January 16.
