The Supreme Court has reinstated the election victory of Plateau State Governor, Caleb Mutfwang, overturning the decision of the Appeal Court that declared Nentawe Goshwe of the All Progressives Congress as the winner.

Mutfwang’s victory in the March 18, 2023, election was initially upheld by the State Governorship Election Petitions Tribunal in Jos.

However, the Appeal Court overturned this decision, citing the failure of the Peoples Democratic Party to comply with the order to conduct valid congresses before nominating its candidates.

Delivering the lead judgment, Justice Emmanuel Agim emphasized that the APC and its candidate lacked the standing to challenge the primary election of the PDP.
He stated, “The tribunal and court of appeal lacked jurisdiction to entertain the issue,” and noted that the petition by the APC and its candidate was an abuse of the court process.

Justice Agim further highlighted that the validity of Governor Mutfwang’s nomination was not a ground that could be challenged at an election petition tribunal.

The Supreme Court held that the issue of the governor’s nomination had become statute-barred, as the 21 days allowed for challenging his candidature at the high court had elapsed.

In a unanimous decision by a five-member panel of Justices, the Supreme Court stressed that only PDP members who participated in its primary election had the legal standing to challenge the outcome in court, as per section 84(18) of the Electoral Act 2022.

“The whole case is a thorough abuse of the court process,” the apex court declared, cautioning against such misuse of legal proceedings.

Justice John Okoro expressed concern about the impact of such cases on the people, stating, “My worry is that a lot of people have suffered as a result of this.”