Plateau: Tribunal upheld Governor Mutfwang’s election
By Daniel Agada, Jos
The Governorship Election Petition Tribunal sitting in Jos, has on Friday dismissed the petition of Dr.Nentawe Yilwatda of All Progressive Congress and affirmed the return of Barr. Caleb Mutfwang of Peoples Democratic Party as duly elected governor of Plateau.
Having dissatisfied with the outcome of the election, Nentawe and APC (Petitioners), in a suit number EPT/PL/GOV/02/2023 sought the leave of the Tribunal to nullified the declaration of the 2nd respondent (Barr. Caleb Mutfwang) by the 1st respondent (INEC) in the governorship election held on 18th March, 2023 in Plateau.
The grounds upon which the petitioners are holding unto in the petition is that, at the time of the governorship election in Plateau the 3rd respondent (PDP) doesn’t have a valid structure to nominate and sponsor Barr. Caleb Mutfwang to stand for an election.
They further alleged that there were substantial non compliance with the electoral guideline and the Mutfwang did not scored the majority of lawful votes cast.
Delivering judgment on the matter, Hon.Justice Sunday Olorundahunsi alongside chairman of the panel of the Tribunal, Hon.Justice Rita Irele-Ifijeh as well as Hon.Justice Andrew John held that ground one of the petition is pre election matter and status bar.
“The nomination and sponsorship of candidate yo stand for an election is a preelection matter, and challenging it at the Tribunal is a status bar. The petitioners busy body, meddlesome interlopers as they lacks jurisdiction to interfere in the PDP internal affairs.”
Justice Olorundahunsi further posits that the burden prove in respect to substantial non compliance with the electoral guideline and over voting lies with the petitioners which they failed to proved beyond reasonable doubt.
“In the process of the hearing the petitioners assembled 49 witnesses before the Tribunal out of which 34 are polling units agents, 15 ward collation agents,7 local government collation agents.
“Tribunal observed that the tesmonies of those 21 polling units agents shows there is nothing like over voting and non compliance with electoral guideline. While the evidence of 15 wards collation agents of the petitioners is based on hearsay, therefore, ground two of the petition is resolved in favour of the 2nd respondent.”
On ground three of the petition, which the petitioners claimed that the 2nd respondent did not score the majority of the lawful votes cast, the Tribunal said
evidence of PW49 (Computer Analyst) in particular contained fundamental and Arithmetic errors. “The Tribunal takes the evidence of PW49 with pinch of salt.”
Hon. Justice Sunday Olorundahunsi, acknowledged that having take a careful perusal of the grounds upon which the petition is predicated, the petition is hereby dismissed for lacking in merit and affirmed the return of the 2nd respondent (Barr.Caleb Mutfwang) as the governor of Plateau State.
You would recalled, Barr. Caleb Mutfwang defeated Dr.Nentawe Yilwatda (1st petitioner) with over 43,000 votes margin of lead.
