The Supreme Court on Tuesday heard the appeal filed by the incumbent Governor of Plateau State, Barr. Caleb Manasseh Mutfwang of the Peoples Democratic Party (PDP), challenging the nullification of his election by the Court of Appeal.
The appellate court had declared Nentawe Yilwatda of the All Progressives Congress (APC) as the elected governor, on the grounds that Mutfwang was not validly sponsored by the PDP, which had violated a court order to conduct a repeat congress in all the local government areas of the state.
A five-member panel of the Supreme Court, led by Justice John Okoro, presided over the matter and raised fundamental questions on the jurisdiction of the tribunal and the lower court to entertain issues of nomination, sponsorship and qualification of candidates by a political party.
The court clarified during adoption of briefs that it had ruled severally that such issues were internal affairs of the party and not justiciable by the tribunal or the court.
The court also noted that there were three petitions filed by different parties, but it would only consider the one filed by the governor and any decision taken would bind the others.
The legal teams of the parties were led by eminent Senior Advocates of Nigeria. Chief Kanu Agabi represented the governor, Emeka Etiaba appeared for the PDP, S. Atung argued for the Independent National Electoral Commission (INEC), while Prof. Olatoke defended Nentawe Yilwatda of the APC.
The court examined the arguments of the counsel and observed that the election petition tribunal and the Plateau State High Court in Kaze’s case had erred in law by assuming jurisdiction over issues that were beyond their competence.
The court further stated that the nomination and sponsorship of candidates was the sole prerogative of the national working committee of a party and not the state chapter, as stipulated by section 87 of the Electoral Act.
The court, therefore, reserved judgement in the appeal and said a date would be communicated to the parties. The judgement is expected to be delivered before January 16, 2024, when the appeal will expire.
