The Supreme Court on Tuesday reserved judgment on an appeal filed by Governor Caleb Mutfwang of Plateau State seeking to set aside the decision of the Court of Appeal which nullified his election.
A five-member panel headed by Justice John Okoro upon hearing the arguments of parties in the matter stated that the date for judgment will be communicated to parties on or before 16 January when the matter will lapse.
At the hearing of the appeal on Tuesday, a five-member panel of the Supreme Court led by John Okoro, took arguments from lawyers to parties in the case.
After a frenetic session of arguments between Mr Mutfwang’s lawyer, Kanu Agabi, and Mr Yilwatda’s counsel, J.O Olatoke, all senior advocates of Nigeria, the court reserved judgment.
In the appeal, Governor Caleb Muftwang prayed the Supreme Court to dismiss the Court of Appeal decision of 19 November 2023 which voided his election on grounds of non-qualification.
The Appellate Court, had in a unanimous decision held that the Plateau State PDP not having a structure made its Congresses invalid, with Mutfwang’s nomination being an offshoot of the exercise, making him a casualty, with Nentawe Yilwatda of the APC emerging winner.
However, Kanu Agabi, counsel for Mutfwang insisted that the Appeal Court in its judgment departed from judgment precedence of the Supreme Court which states that matters on the nomination was a pre-election issue, one that it lacks jurisdiction to determine.
Agabi also faulted the decision of the Appeal Court to declare the APC governorship candidate winner of the March 18 polls which he had deemed “invalid” and “null and void” in his petition at the Tribunal which affirmed the election of Mutfwang.
The argument of the APC at the Tribunal bordered on qualification, invalidity of election, and majority of lawful votes cast, with the Appeal Court basing its decision on qualification.
Counsels of the Nentawe Yilwatda and that of the APC prayed the Apex Court to uphold the judgment of the Appeal Court sacking the Plateau State governor for being a product of a party without a valid structure.
Mr Mutfwang of the Peoples Democratic Party (PDP) scored 525,299 votes to beat the All Progressives Congress (APC) candidate, Nentawe Yilwatda, who garnered 481,370 votes during the 18 March governorship poll in Plateau State.
However, the Court of Appeal in Abuja, in on 19 November 2023, overturned Mr Mutfwang’s victory, prompting him to file an appeal at the Supreme Court to challenge the lower court’s decision.
The Supreme Court is expected to deliver a verdict on the matter before 16 January, when the appeal will expire.
