Protest rocks Plateau over Appeal Court sack of Gov Mutfwang

By Deborah Onyofufeke, Abuja

Massive protests erupted in Jos, the Plateau State capital, yesterday following the victory of the All Progressives Congress (APC) gubernatorial candidate, Nentawe Yilwatda, against Governor Caleb Mutfwang of the Peoples Democratic Party (PDP) at the Court of Appeal in Abuja

The appeal court had in a unanimous judgment nullified the election of Mutfwang over the PDP’s lack of structure and non-obedience of a court order as of the time of his nomination for the March 18 governorship election in the state.

Before the judgment on Sunday, security had heightened at all the strategic locations in the state capital.

Stern-looking security personnel were seen at the major street junctions and parks.

But shortly after the declaration of judgment, tension broke the state as people were seen in groups discussing the development.

In the violence-prone Jos South LGA, youths supporting the PDP thronged Gyel Roundabout in large numbers to register their displeasure over the judgment.

A similar protest was also recorded in Angwan Rukuba junction in the Jos North and Riyom LGAs of the state capital.
A youth leader said they decided to troop out to protest the judgment.

Meanwhile, the embattled governor, Mutfwang, has described the judgment that nullified his election as a temporary setback that will not deter him from repositioning the state on the path of unity, peace and progress.

He expressed strong optimism that the mandate overwhelmingly given to him by the people of Plateau State would be restored, as he has instructed his legal team to file an appeal at the Supreme Court.

Mutfwang in a statement signed by his director of press and public affairs, Gyang Bere, admonished citizens of the state and supporters of the PDP to remain calm even as he assured them that as long as God remains on the throne, the mandate of the people will be preserved and protected.

He reiterated his commitment to the rule of law and assured the people that there is light at the end of the tunnel, as he has unwavering faith in the judiciary and the constitution of Nigeria.

On its part, the state chapter of the APC, in their reaction to the victory of Nentawe, in a statement issued in Jos by the party spokesman, Sylvanus Namang, called on all its members to celebrate the victory with utmost modesty and decorum.

Namang said the acrimony and disaffection which prevailed in the wake of the appeal should be put behind them as Plateau State was reduced to a laughing stock, which is most regrettable.

The statement called on security agencies in the state to be on red alert and vigilant to avert any act of breakdown of law and order while commending the Court of Appeal Judges for their meticulous, impartial and very professional handling of the appeal.

Earlier, the court of appeal, in a unanimous decision by a three-member panel of Justices, had nullified the March 18 election that produced Mutfwang as state governor.

The panel held that Mutfwang was not validly nominated and sponsored by the PDP to participate in the gubernatorial contest.
It held that all the votes that were credited to him and the PDP after the election amounted to wasted votes.

Consequently, the appellate court panel, led by Justice Elfrieda Williams-Dawodu, ordered the Independent National Electoral Commission (INEC) to withdraw the Certificate of Return that it earlier issued to Mutfwang of the PDP as the winner of the governorship poll.

It ordered that the candidate that got the second majority of lawful votes at the election should be sworn in as governor of the state.

The judgment followed an appeal that was lodged against Governor Muftwang’s election by the governorship candidate of the All Progressive Congress (APC) in the state, Nentawe Goshwe.

The INEC had declared that Mutfwang of the PDP won the gubernatorial contest with a total of 525,299 votes, ahead of the APC candidate, Goshwe, who polled 481,370 votes.
Dissatisfied with the outcome of the election, Goshwe went before the Plateau State Governorship Election Petition Tribunal to challenge it.

He, among other things, contended that the PDP lacked a political structure in the states and was, therefore, incapable of validly nominating or sponsoring any candidate for the governorship poll.

Besides, he argued that the election of Mutfwang was not conducted in compliance with the Electoral Act, insisting that he did not win the majority of lawful votes cast during the election.

While adopting his final brief of argument, Goshwe through his team of lawyers led by Prof. Fakunle Olagoke, SAN, told the court that Mutfwang was not qualified to contest the election by virtue of a lack of valid sponsorship by a political party, contrary to section 177 (C) of the 1999 Constitution, as amended.

However, the governor, through his counsel, Kanu Agabi, SAN, urged the court to dismiss the appeal and uphold the earlier verdict of the tribunal.

Agabi, SAN, argued that the issue of nomination and sponsorship of a candidate for an election was purely an internal affair of a political party which no court had the jurisdiction to wade into.

Moreso, he contended that the Appellant lacked the locus standi to query a nomination and sponsorship of the candidate of another political party.

Likewise, the counsel for the PDP, Emeka Etiaba, SAN, urged the court to strike out grounds 1 and 8 of the Appellant’s grounds of appeal, saying they lacked competence.

Etiaba, SAN, argued that governor Mutfwang emerged as gubernatorial flag-bearer of the PDP, through a validly conducted primary election he said was duly monitored by INEC.
Delivering its judgment in the matter on Sunday, the appellate court upheld the appeal and nullified the election of Governor Mutfwang.

Other Justices on the panel were; Muhammed Mustapha and Okon Abang.

It will be recalled that the same panel of the appellate court had on November 7, also sacked a Senator and three members of the House of Representatives in the state that won their respective elections on the platform of the PDP.

The panel based its decision on the failure of the PDP to fully comply with a court order that was made in 2022, which it said directed the party to conduct congress in the 17 Local Government Areas in the state.

It held that evidence the PDP produced to prove that it complied with the order, showed that 12 LGAs were excluded in a purported congress it held to select its candidates for the 2023 general elections.

The appellate court, therefore, held that though the lawmakers won their respective seats during the National Assembly election that was held on February 25, all the scores that were credited to them, amounted to wasted votes as they were not valid candidates.