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By Iheanyi Chukwudi
Governor Caleb Mutfwang of Plateau State, has been reinstated by the Supreme Court of Nigeria, as the duly elected Governor of the state.
The Court of Appeal, Abuja, had earlier nullified the election of Mutfwang who is of the Peoples Democratic Party (PDP), and declared the All Progressives Congress (APC) candidate, Nentawe Goshwe, as the valid winner of the governorship election held in the state on March 18, 2023.
But in reinstating Mutfwang on Friday, the Supreme Court, in a unanimous decision by a five-member panel of Justices, vacated the judgement of the appellate court, which sacked the Governor and upheld his return as the winner of the governorship election.
The apex court held that it was not in dispute that Muftwang was sponsored for the election by his political party, adding that the validity of his nomination was not a ground that could be challenged at an election petition tribunal.
The court held in the lead judgement delivered by Justice Emmanuel Agim, that the appellate court lacked the jurisdiction to determine the validity or otherwise of the primary election that produced Muftwang as a candidate in the election.
The issue of Muftwang’s nomination the apex court held, has become statute-barred since the 21 days allowed for his candidature to be challenged at the high court have since elapsed.
The Supreme Court held that the appellate court made a fundamental error and that the APC and its candidate lacked the locus standi to challenge Muftwang’s candidature.
Holding that "The whole case is a thorough abuse of the court process,” the Supreme Court held that under section 84(18) of the Electoral Act 2022, only PDP members that participated in its primary election could challenge the outcome in court.
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