Plateau: The Case Of Mutfwang Against Nentawe At Supreme Court

THE CASE OF MUTFWANG AGAINST NENTAWE AT THE SUPREME COURT

1.         Dr.  Nentawe Goshwe and APC challenged Governor Caleb Mutfwang’s victory at the Election Tribunal on the allegation that he was not qualified to contest the election because according to them, he was not validly nominated by the PDP since it had no ‘structure’.

2.         Governor Caleb Mutfwang won at the Tribunal and the APC Petition was dismissed but the Court of Appeal set aside Gov. Caleb Mutfwang’s victory on the alleged ground that the Governor was not qualified to contest the election, having not validly sponsored by his party (PDP).

3.         The Court of Appeal held that PDP had no structure in Plateau State and therefore lacked the competence to sponsor Governor Caleb Mutfwang. The Court also held that PDP was in breach of an Order of Court that directed it to conduct congress to elect its officers in the Wards, L.G. A.s and State in Plateau State, when in fact no order existed

4.         Governor Caleb Mutfwang now at the Supreme Court contends that the Order of Court was obeyed with the conduct of the Congress on September 21,2021 as found by the Tribunal; and even if the Order was not obeyed, the alleged disobedience does not form a ground for challenging his election. Reference on this is made to Section 134 of the Electoral Act 2023 which provides the grounds on which the Governor’s election can be challenged. None of the grounds includes disobedience of Court Order.

5.         Further on the impossibility of challenging the Governor’s election based on the allegation of invalid nomination and sponsorship, the Governor refers to judgments of the Supreme Court which hold that a Petitioner, having admitted invalid nomination and sponsorship, invariably admits sponsorship.

6.         On the allegation of lack of structure, the Supreme Court in the case of Oni v. Oyebanji (2023) 13 NWLR (Pt 1902) held that even if a Political Party has a 

questionable leadership, its competence to nominate or sponsor a candidate cannot be questioned.

7.         Governor Caleb Mutfwang is praying the Supreme Court to allow his appeal, set aside the judgment of the Court of Appeal, affirm the judgment of the Tribunal and return him as the winner of the election as declared by INEC.

8.         The Supreme Court has held in many cases that the issue of nomination and sponsorship of a candidate are internal party matters. In this case, Governor Caleb Mutfwang cannot be challenged by his opponent, as in the case of Nentawe and APC because it only concerns members of the same party with the Governor! Also, the issue of nomination and sponsorship of candidates are pre-election matters that can only be challenged in a regular Court before elections.

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