ISAAC SHOBAYO, in this piece, examines the consequences of the judgments of the Court of Appeal for the All Progressives Congress (APC) and the Peoples Democratic Party (PDP) in Plateau State, with all eyes now on the Supreme Court.
The judgments of the Court of Appeal where the Governor of Plateau State, Caleb Muftwang and four other state assembly members were sacked this week sent shock waves into the camp of the Peoples Democratic Party (PDP) family in Plateau State. Across the entire state, the judgment was a mixture of joy and misgiving. In its judgment on Sunday, the Court of Appeal, led by Justice Elphreda Williams-Dawodu, declared Dr Nentawe Goshwe of the All Progressives Congress (APC) as the valid winner of the March 18 governorship election, citing irregularities in the PDP’s nomination process and a lack of compliance with court orders. Recall that on March 20, Professor Idris Amali, the Independent National Electoral Commission (INEC) returning officer for Plateau, announced Mutfwang as winner of the election, having scored 525,299 votes, while Nentawe Yilwatda, the candidate of the APC got 481,370 votes.
Based on the judgments of the Appeal Court so far, there are strong indications that all the elected PDP candidates in the state might not survive the appellate court judgment because the grounds upon which they are sacked are the same alleged disobedience to court order and a lack of political structure. So far, five members of the National Assembly and five members of the state assembly have been fired. The last man standing, at the moment, is Governor Muftwang, who has the opportunity of going to the apex court for redress.
The once vibrant PDP in Plateau is traumatised. The Appeal Court judgment on the governorship election continues to elicit reactions from both the PDP and the APC while the political landscape is enmeshed in tension. Though the APC is euphoric about the judgment, there remains uncertainty on the horizon. But the PDP criticised the judgments, claiming they did not align with the law. The APC, in turn, dismissed this stance, emphasising the independence of the judiciary.
The two parties have been trying to justify their positions on the matter. The PDP has persistently asked how the sponsorship of Muftwang violated Section 177 of the Constitution. A legal luminary, Ibrahim Tanko, argued that going by several Supreme Court decisions, the state chapter of a party does not have the power to conduct congresses and primaries; that such power is the exclusive preserve of the National Working Committee (NWC) of a party. He further posited that the state Executive Committee of a party cannot forward the names of candidates for an election to INEC, saying such is the responsibility of the NWC.
“NEC is to political parties what the Central Bank of Nigeria (CBN) is to banks; what the CAC is to companies, etc. It is the registration of a political party by INEC that confers legal personality and the capacity to operate on political parties. How then can anybody pronounce that the non-existence of the State EXCO of the PDP is capable of robbing the party of the capacity to sponsor candidates in Plateau State? Is it not supposed to be deregistration of the PDP by INEC that should rob the party of the legal capacity to function? Is the PDP NWC also non-existent,” he stated.
A former Speaker, Plateau State House of Assembly, Honourable Istifanus Mwansat, corroborated the perception of Tanko, saying that the Appeal Court judgment was a worst travesty of justice. “You cannot talk about qualifications outside the provisions of the Constitution. You cannot discuss the qualifications of the governor outside of Section 177 of the Constitution. Again, you cannot challenge the qualifications of a party to sponsor a candidate as long as that political party is a registered party with INEC.
“There is just one PDP registered with INEC; PDP Plateau State does not sponsor candidates. PDP Plateau State is not known by law; it is a legal entity. You cannot distinguish between PDP Plateau State and national because we have one certificate of registration,” Istifanus said.
However, the APC maintained that the PDP did not have structure as of the time it filed candidates for the 2023 general election, hence did not qualify to contest the elections. In a statement by the state Publicity Secretary, Slyvanus Namang, the party accused the PDP of blackmailing the judiciary, insisting that the party deserved the judgment it got from the Appeal Court.
According to him, the same issue of no structure had been on the front burner for a long time. Instead of the PDP conducting another congress, the APC mocked the PDP for moving from one court to another, yet getting the same judgment.
The state Chairman of the PDP, Chris Hassan, in a statement signed by his media aide, Kefas Sumdi, said the Appeal Court judgment was a clear rape of justice. He claimed the people had been robbed of their mandate using structure as the yardstick. He added that the PDP in the state was well-structured to sponsor and nominate candidates for any elections.
Hassan expressed confidence that the party would get justice at the Supreme Court, adding that there were instances where similar judgments of the Appeal Court were upturned by the apex court.
Governor Muftwang also expressed strong optimism that the mandate overwhelmingly given to him by the people of the Plateau would be restored, as he has instructed his legal team to file an appeal at the Supreme Court. The APC, on the other hand, has maintained that the judgment of the appeal court would be upheld by the Supreme Court.
However, since the court is the terminal point for both the State and the National Assembly petitions, the general implication is that the PDP might not have any legislator for the next four years, and this may put the party at a precarious disadvantage in the 2027 general election if not properly handled despite the strong presence of PDP in the state.
A political analyst, John Bityong, said the outcome of the Supreme Court judgment will either make or break the PDP, adding that if the party wins, it will have to contend with a hostile House of Assembly, which might make governance an uphill task for Muftwang. He added the APC should neither rejoice yet because, according to him, it will be difficult to predict the outcome of the Supreme Court as the issue of precedence no longer matters. “So, both the APC and the PDP are hanging in the balance,” he said.
Though the semi-finals of the gubernatorial petition ended in favour of the APC Candidate, all eyes are on the Supreme Court. From all indications, the two parties are optimistic about getting a favorable judgment from the apex court.
YOU SHOULD NOT MISS THESE HEADLINES FROM TheWitness
Labour suspends strike after NSA intervention
The organised labour in Nigeria has suspended the nationwide strike that commenced on Tuesday, November 14, 2023, to protest the brutalization of NLC President Comrade Joe Ajaero in Owerri, the Imo State Capital....….
Nigeria’s inflation rate hits 27.33%
Nigeria’s headline inflation rate for October skyrocketed to 27.33 percent from 26.72 percent recorded in September. The latest figure marks the 10th consecutive rise in the country’s inflation rate this year……..
Appeal court upholds Sanwo-Olu’s election
The Lagos Court of Appeal has upheld the tribunal’s decision, validating the victory of Babajide Sanwo-Olu and Obafemi Hamzat as the Governor and Deputy Governor of Lagos State. The justices of the appellate court unanimously rejected the Peoples Democratic Party’s (PDP) appeal, citing a lack of merit....….…
Ex-JAMB Registrar Prof Ojerinde’s money laundering trial stalled again
The trial of the former Registrar of the Joint Admission and Matriculation Board (JAMB), Prof. Dibu Ojerinde, and his four children on money laundering charges has again been stalled at the Federal High Court, Abuja.…..…
Visa Cancellation: Passengers didn’t fulfil entry requirements — Saudi embassy
The Royal Embassy of Saudi Arabia has disclosed that those passengers who were denied entry and subsequently deported to their initial destinations didn’t fulfil the entry conditions and requirements in accordance with the applicable rules and regulations of the Kingdom, as they submitted incorrect information to obtain a category of visa that doesn’t apply to them, which was discovered upon their arrival......…
Old naira notes remain legal tender indefinitely – CBN
The Central Bank of Nigeria (CBN) has extended the legal tender status of old N200, N500, and N1000 notes indefinitely, removing the initial deadline set for December 31, 2023. This is according to a statement on Tuesday signed by Director of Corporate Communications, Dr Isa AbdulMumin, the apex also disclosed that it is working to vacate existing court rulings on the old notes…..…
