The Supreme Court has reversed the dismissal of Caleb Mutfwang, affirming his position as the Governor of Plateau State. The apex court’s decision overruled the previous verdict of the Court of Appeal in Abuja, which had nullified Mutfwang’s governorship, citing violations by the Peoples Democratic Party (PDP) in the conduct of congresses in Plateau State.
The appellate court, in its ruling on November 19, had held that the PDP violated a court order by conducting congresses in only five out of the 17 Local Government Areas (LGAs) of Plateau State, deeming it a “nullity.” However, a five-member panel led by Justice Emmanuel Agim at the Supreme Court reversed this decision, labeling it as perverse.
Justice Agim emphasized that the issue of the primary election that led to Mutfwang’s candidacy was beyond the jurisdiction of the lower court. The Supreme Court clarified that the validity of nomination and sponsorship is not a sufficient ground to void an election. Furthermore, it pointed out that the petitioners, not being members of the PDP, lacked the locus to challenge the party’s primary election.
Addressing the issue of whether the order of the Plateau State High Court could affect the National Executive Committee (NEC), the Supreme Court stated that the appellate court was mistaken in asserting that the order impacted the NEC. Justice Agim highlighted that matters concerning primaries are internal affairs of political parties and fall outside the jurisdiction of both the Tribunal and the Court of Appeal.
Contrary to the claim of the petitioners and the judgment of the appellate court, the Supreme Court noted that the PDP did not disobey the order of the Plateau High Court, as evidence indicated a fresh primary was conducted. Justice Agim issued a warning to the legal profession, urging it to wake up, or risk rendering itself irrelevant to society.
Presiding Justice John Okoro expressed concern over the impact of wrongful judgments by the appellate court, leading to the sack of several legislators who had won elections under the PDP platform. Justice Helen Ogunwumiju also criticized the appellate court for delving into the issue of nomination and sponsorship, contrary to previous decisions by the apex court.
Caleb Mutfwang of the PDP secured victory in the March 18 governorship poll in Plateau State, scoring 525,299 votes against the All Progressives Congress candidate, Nentawe Yilwatda, who garnered 481,370 votes. The Plateau State Governorship Election Petitions Tribunal in Jos upheld Mutfwang’s election, but the Court of Appeal in Abuja overturned the victory on November 19, leading to the subsequent appeal to the Supreme Court. The recent Supreme Court decision has now reinstated Mutfwang as the duly elected Governor of Plateau State.
