The Court of Appeal in Abuja has announced the reservation of judgment in the appeal brought forward by Nentawe Yilwatda Goshwe, the candidate of the All Progressives Congress (APC), against Governor Caleb Mutfwang of the Peoples Democratic Party (PDP) in the Plateau State gubernatorial election.
Following the declaration by the Independent National Electoral Commission (INEC) of Mutfwang as the winner of the March 18 gubernatorial election in the state, with 525,299 votes, defeating 17 other candidates including Goshwe, who polled 481,370 votes, Goshwe pursued legal action. His challenge focused on Mutfwang’s alleged invalid nomination and sponsorship by the PDP, as well as the lack of a valid structure within the party to support his candidacy.
Having lodged his complaint, Goshwe was dissatisfied with the tribunal’s unanimous dismissal of his petition for lacking in merit. Subsequently, the APC candidate sought recourse in the appellate court, urging them to declare him the rightful winner on the grounds of Mutfwang’s alleged lack of qualification for contesting the election, citing issues related to over-voting and non-compliance with the Electoral Act of 2022.
During the recent proceedings, lead counsel to the appellants, Prof. Goke Olagoke (SAN), passionately advocated for the court to overturn the tribunal’s judgment and declare his client as the deserving victor, emphasizing the purported lack of valid sponsorship by a political party as a disqualification according to section 177 (C) of the 1999 Constitution.
However, the Governor, through his legal representation led by former Attorney General of the Federation and Minister of Justice (AGF), Mr. Godwin Kanu Agabi (SAN), filed a motion dated October 30, followed by a notice of preliminary objection on November 2, 2023. The Governor’s legal team urged the appellate court to dismiss some grounds of the appeal for being incompetent, highlighting that this pertained to internal affairs of a political party, which falls beyond the court’s jurisdiction.
After considering the arguments presented by both parties, the three-member panel, led by Justice Elfrieda Williams-Dawodu, announced the reserved judgment, with the date to be communicated to the concerned parties.
