The Supreme Court last Friday finally put an end to the legal tussle surrounding the election of Governor Caleb Mutfwang of Plateau state. In this piece, Seriki Adinoyi traces the various legal hurdles scaled by the governor.
The Friday judgement of the Supreme Court which restored the mandate of Governor Caleb Mutfwang marked the sweet end to the legal journey of the Governor that began from the governorship primary election.
Delivering the judgement, a five-member panel of the court reversed the decision of the appellate court for being perverse because the issue of the primary election that produced Mutfwang was outside the jurisdiction of the lower court.
The apex court also pointed out that the validity of nomination and sponsorship were no grounds to void an election, noting that, “the Court of Appeal lacked jurisdiction to entertain such.”
Justice Emmanuel Agim, who read the judgement reiterated that the petitioners not being members of the PDP had no locus to challenge the primary election of the PDP. “Since they are not members of the PDP, the tribunal and Court of Appeal have no right at all to look into the issue.”
Agim also pointed out that contrary to the claim of the petitioners and the judgment of the appellate court, the order of the Plateau High Court was not disobeyed by the PDP as evidence showed that a fresh primary was conducted.
He then cautioned the legal profession, especially “the bar and bench to wake up,” or else would soon render itself irrelevant.
According to him, “The judgment of the Court of Appeal is set aside, the election of the appellant is restored and the judgment of the tribunal affirming the election of the appellant is hereby affirmed.”
Meanwhile, Presiding Justice, Okoro also reacting, lamented that “a lot of people have suffered” because of the wrongful judgments of the appellate court which had sacked several legislators who won elections under the platform of the PDP.
On the issue of whether the order of the Plateau State High Court could affect the National Executive Committee (NEC) of the Peoples Democratic Party, the apex court held that the appellate court was wrong in holding that the order affects the NEC.
He also stressed that the issue of primary was an internal matter of political parties which both the tribunal and Court of Appeal lacked jurisdiction to entertain.
President of the Court of Appeal, Justice Monica Dongban-Mensem, who incidentally is from Plateau state, must be feeling terrible over the avoidable disrepute that the Appeal Court judges have brought upon the court that has warranted a stern caution from the Supreme Court.
From the outset, the Governor had said he was determined to end the circle of distrust and violence that have held down the state and unite the people. This campaign endeared him to Plateau people and had seen him through the PDP primary election down to the general election which he eventually won in March, 2023.
During the primaries, several other aspirants contested and allegedly induced delegates to vote for them, but it didn’t work as Mutfwang overwhelmingly carried the day.
He immediately began to reconcile with aggrieved aspirants, which he largely succeeded in doing.
The legal issues of structure and conduct of congresses had nothing to do with the Governor. It was about the PDP internal crisis which it eventually resolved with a repeat congress that saw the leaders congratulating one another.
Heading towards the general elections, Mutfwang’s campaign and agenda were focused towards uniting Plateau against all forces that had hitherto bedeviled the state. He insisted that there was no better time, hence the campaign slogan, ‘The Time is Now!’
Going by the failure of the opposition party in the past administration, the people naturally tilted toward him. Mutfwang won their hearts and votes. It was therefore not a surprise that he defeated Dr. NentaweGoshwe of the APC with as much as 525,299 votes, against 481,370 votes.
Unfortunately, in Nigeria, people never really accept defeats until they meet a brick wall. There shouldn’t have been any legal issues at all because the defeat was clean and the issues were quite clear.
As usual, the APC and Goshwe dragged the Governor to the election tribunal claiming that the PDP had no valid structure and that the Governor was not validly nominated.
However, in a unanimous judgement by the tribunal, a three-man panel led by Justice Sunday Olorundahunsi dismissed the petition saying “No matter how dissatisfied a party feels on the conduct of another party’s primaries, it must keep mum as it is not a member of that party. Such a person (party) therefore, lacks the locus to challenge such a congress or primary election.”
Justice Olorundahunsi metaphorically said that a man cannot leave his compound to begin to peep into another man’s compound to see how they live their lives.
This explanation seems simple enough for anyone to comprehend, but APC in Plateau state would not agree. The party described it as a temporary setback believing that there’s always a light at the end of the tunnel, but unfortunately, in this case, there was no light.
Goshwe and his party again approached the Appeal Court sitting in Abuja to seek their declaration as winners on the ground that Mutfwang was not validly nominated by his party since, according to them, the party has no structure.
They lured the Court of Appeal into believing their cause and the court fell for it and went ahead to sack the Governor, declaring Goshwe as the validly elected candidate on November 19, 2023, albeit temporarily, as Mutfwang immediately appealed the judgement at the apex court.
With the recent ruling of the apex court dismissing the judgement of the Court of Appeal and affirming Mutfwang as the Governor, the opposition party in the state has finally got to the end of the road.
It had no choice but to accept the verdict and congratulate the winner. In his congratulatory message, an APC chieftain, Mr. Yusuf Gagdi, who had repeatedly boasted that he could influence everyone and everything in the country, finally agreed that an end has come to the struggle.
In his preaching, Gagdi said, “We might differ in our political views and beliefs, but the brotherly cord that binds us as citizens of Plateau State shall never be broken. Our utterances and actions while the struggle lasted might have offended one another, but despite all that, we must strike a balance for the benefit of Plateau people, whom we seek to lead; if our struggles are genuinely anchored on the well-being of the populace.
“It is on this premise that I wholeheartedly extend my sincerest felicitations to the Governor, Caleb Mutfwang, on his victory at the Supreme Court and wish him a prosperous tenure, as he braces up to better the lots of Plateau People who entrusted him with their mandates”.
Also, in his humble acceptance of the verdict, Goshwe congratulated the Governor. He said: “Finally, we have reached the final destination of the 2023 general election process, and we accept the decision of the Supreme Court with humility and gratitude to God.
“While I congratulate my elder brother, His Excellency Caleb Mutfwang, I must appreciate and commend the peaceful and calm disposition of our supporters. I still appeal to the citizens of Plateau and our numerous well-wishers to ensure we keep the peace of our state. Let us collectively work toward a secure, united, and prosperous Plateau of our dreams because our resolve to build a cohesive and peaceful community is non-negotiable.”
Immediate past Governor of the state, Hon Simon Lalong, also sent in his congratulatory message saying, “the final decision of the apex court provides the opportunity for him and all politicians to work for a united, prosperous and inclusive Plateau”, adding that the long legal hurdles leading to the decision of the Supreme Court are part of the democratic process that should be cherished irrespective of the outcome, as they have allowed all players to ventilate and seek redress through courts as provided under the law.
He appealed to all citizens to close ranks and shun all divisive rhetorics because the interest of Plateau state remains paramount.
Thanking God for the victory of his candidate and his party, a former Governor of the state, Senator Jonah Jang, in a statement signed by his media consultant, Mr. Clinton Garuba, said, “Indeed, the governor’s victory at the Supreme Court is a victory for democracy and against the wishes of anti-democratic forces. We recall with sadness how anti-democratic forces tried as much as possible to manipulate the will of the people without success.
“We must thank the justices for upholding the Rule of Law thereby affirming the long-held belief that the judiciary is the last hope of the common man. We thank them for not allowing themselves to be manipulated because we are aware that the same forces of darkness, in their usual manner, had wanted to thwart the mandate of the people, plunge the state into disarray, and set us years backward. But we thank God because that evil intention was not allowed to stand as the voice of the people is the voice of God.
“We especially thank President Bola Tinubu for not interfering in the judicial process despite the pressure from the same forces of darkness. We thank him for his concern in the affairs of Plateau state. The people are indeed grateful and want him to do more on the issue of genocidal war that has been declared on the state and its people by some forces of darkness who are hell-bent on appropriating, albeit forcefully, our God-given heritage.”
The journey has been a long one, but now that the battles are over, it is incumbent on the Governor to mend fences, unite the people as he has always campaigned, and work to build the Plateau that everyone will envy. The time is now!
