Friday, 15 December 2023

SUPREME COURT (2): MUTFWANG (ESQ) vs GOV-ELECT: APPELLANTS HAVE FILED THEIR BRIEF OF ARGUMENT. FURTHER ISSUES AND NEEDED EXPLANATIONS

By: Valentine Adese (JP),

The embattled Governor of Plateau State, Caleb Mutfwang (Esq), and his political party, the Plateau State chapter of the People’s Democratic Party (PDP), have filed their Brief of Argument yesterday 14th December, 2023, at the Supreme Court of Nigeria (SCN), and have served same on the Governor-Elect of Plateau State Prof. Nentawe Yilwatda, and his party, the Plateau State chapter of the All Progressives Congress (APC). REALITY can authoritatively report.

The stage is therefore getting set for the hearing of the Appeal of Governor Caleb and the PDP against the Judgment of the Court of Appeal, which had declared Prof. Nentawe, as the Governor-elect for Plateau State and also withdrawing the Certificate of Return of Caleb Mutfwang (Esq) on the ground that the PDP had no structure to enable it sponsored Caleb.

You would recall that the Court of Appeal Abuja Division, had held that Governor Mutfwang (Esq) contested in the Plateau State governorship election on the 18th of March, 2023, as an Independent Candidate.

From the record, rules and processes of the Court of Appeal, since the Appellants have filed their Brief of Argument, the Respondents have five (5) days to respond to their Brief, while the Appellants have two (2) days to respond to the reply of the Respondents on Points of Law. In all, it is expected that all Briefs would have been entered by 20th December 2023.

From the Notice of Appeal and the Brief filed by the Appellants, it is expected that the Appellants would provide reason(s) why the Lower Tribunal had ruled that the two Start Witnesses of Prof. Nentawe, Rt. Hon. Emmanuel Go’ar and Mr. Emmanuel Macham, who were subpoenaed are not witnesses of the Court, but of the Petitioners as the Tribunal held.

It is also expected that the Appellants would have to show reason(s), why the Lower Tribunal still used their testimonies to reach its decision to dismiss the Petition, after rejecting them for not being front-loaded alongside the Petition and other witness statements by the Petitioners.

Furthermore, the Appellants in their Brief of Argument are expected to persuade the Supreme Court to see the challenge on Governor Mutfwang’s Nomination and Sponsorship as a Pre-election matter and the presentation of Judgments of Competent Courts on the issue of the PDP’s disobedience to several Court Orders to conduct Congresses across Wards, Local Governments and State levels are of no moment.

In addition, the Appellants would be expected to educate the Supreme Court on why the alleged Repeated State Congress took place on the 25th of September, 2021 in the pendency of the party’s Appeal at the Court of Appeal, Jos Division, which only gave its verdict in 2022.

The issue and decision in the now popular case of Timkuk vs PDP, where the Court declined jurisdiction is also a matter that would demand explanation from the Appellants to the Supreme Court.

TO BE CONTINUED…

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