By Adedapo Adesanya
The Court of Appeal sitting in Abuja has nullified the election of Governor Caleb Muftwang of Plateau State.
A three-member panel, in a unanimous decision on Sunday, held that Mr Muftwang was not validly sponsored by the Peoples Democratic Party (PDP) as provided by Section 285(2) of the Nigerian Constitution.
The panel held that the appeal brought by Mr Nentawe Goshwe of the All Progressives Congress (APC) succeeded as the issue of qualification was both a pre and post-election matter under Section 177(c) of the Nigerian Constitution, 1999 and Sections 80 and 82 of the Electoral Act, 2022.
The panel agreed with the appellant (Goshwe) that the failure of the PDP to comply with the order of the Plateau State High Court in Jos in suit no: PLD/J304/2020 between Bitrus B. Kaze & 11 ors vs the Peoples Democratic Party & 24 ors directing it to conduct valid ward, local governments and state congresses before nominating its candidates for the various elective posts and the Court of Appeal order in CA/J1/93/2021 was a breach of the law.
Thus, the panel set aside the judgement of the Governorship Election Petitions Tribunal for being “highly inconsistent and breach of fair hearing by relying on expunged witnesses’ statements to refuse Goshwe’s appeal.”
The panel ordered the Independent National Electoral Commission (INEC) to withdraw the certificate of return issued to Mr Muftwang and issue a fresh one to Mr Goshwe.
In March, Muftwang polled 525,299 votes to defeat his closest rival and the candidate of the ruling APC, Mr Yilwatda, who polled 481,370 votes.
The PDP had been in power in the Northcentral state since 1999 until 2015 when the APC candidate, Mr Simon Lalong, dislodged the party and won the governorship election of the state.
Mr Lalong had won his re-election in 2019 to retain power by the APC before a fresh governorship election took place on March 18, 2023.
