PLATEAU: THE CASE OF MUTFWANG AGAINST NENTAWE AT THE SUPREME COURT: PDP FINALLY BREAKS SILENCE OVER STATUS

By: Amb. Valentine Adese (APC),

The Plateau State chapter of the People’s Democratic Party (PDP) has finally broken its silence over the case between Governor Caleb Mutfwang (Esq) and the candidate of the All Progressives Congress (APC) Dr. Nentawe Yilwatda Ghoshwe, owing to the frequent questions been asked by citizens of the state on the status of the PDP.

In a very long piece written by the PDP made available to REALITY, the Party made it clear that the chapter in Plateau State had a leadership tussle but that this was caused by the painful loss of the 2019 Governorship Election, and that the APC in the state has been peddling untruthful information about the status of the Party in the state.

According to the Party, “Following the painful loss of the 2019 Governorship Elections, many party faithful were displeased with the leadership of the then Chairman, Hon. Damishi Sango, and pressurized him to resign. After much resistance, Mr. Sango resigned and a Caretaker Committee headed by the then Organizing Secretary, Hon. Gwot Chocho was appointed to run the affairs of the PDP”.

Concerning its case at the Tribunal, Court of Appeal, Abuja Division, and the Supreme Court, the PDP explained that:

1. Dr. Nentawe Goshwe and APC challenged Governor Caleb Mutfwang’s victory at the Election Tribunal on the allegation that he was not qualified to contest the election because according to them, he was not validly nominated by the PDP since it had no ‘structure’.
2. Governor Caleb Mutfwang won at the Tribunal and the APC Petition was dismissed but the Court of Appeal set aside Gov. Caleb Mutfwang’s victory on the alleged ground that the Governor was not qualified to contest the election, having not validly sponsored by his party (PDP).
3. The Court of Appeal held that PDP had no structure in Plateau State and therefore lacked the competence to sponsor Governor Caleb Mutfwang. The Court also held that PDP was in breach of an Order of the Court that directed it to conduct congress to elect its officers in the Wards, LG As, and State in Plateau State, when in fact no order existed.
4. Governor Caleb Mutfwang now at the Supreme Court contends that the Order of Court was obeyed with the conduct of the Congress on September 21st, 2021 as found by the Tribunal, and even if the Order was not obeyed, the alleged disobedience does not form a ground for challenging his election. Reference to this is made to Section 134 of the Electoral Act 2023 which provides the grounds on which the Governor’s election can be challenged. None of the grounds includes disobedience of Court Order.
5. Further on the impossibility of challenging the Governor’s election based on the allegation of invalid nomination and sponsorship, the Governor refers to judgments of the Supreme Court which hold that a Petitioner, having admitted invalid nomination and sponsorship, invariably admits sponsorship.
6. On the allegation of lack of structure, the Supreme Court in the case of Oni v. Oyebanji (2023) 13 NWLR (Pt 1902) held that even if a Political Party has questionable leadership, its competence to nominate or sponsor a candidate cannot be questioned.
7. Governor Caleb Mutfwang is praying the Supreme Court to allow his appeal, set aside the judgment of the Court of Appeal, affirm the judgment of the Tribunal and return him as the winner of the election as declared by INEC.
8. The Supreme Court has held in many cases that the issue of nomination and sponsorship of a candidate are internal party matters. In this case, Governor Caleb Mutfwang cannot be challenged by his opponent, as in the case of Nentawe and APC because it only concerns members of the same party with the Governor.

Also, the issue of nomination and sponsorship of candidates are pre-election matters that can only be challenged in a regular Court before elections.

READ THE FULL PIECE BELOW:-

FREQUENTLY ASKED QUESTIONS ABOUT THE CASE OF PDP IN PLATEAU STATE

The APC in Plateau State has been peddling untruthful information about the status of PDP in Plateau State.

HERE IS THE TRUTH!

Is it true that the PDP in Plateau State has had a leadership tussle? Yes!

Following the painful loss of the 2019 Governorship Elections, many party faithful were displeased with the leadership of the then Chairman, Hon. Damishi Sango, and pressurized him to resign.

After much resistance, Mr. Sango resigned and a Caretaker Committee headed by the then Organizing Secretary, Hon. Gwot Chocho was appointed to run the affairs of the PDP.

That PDP validly held its repeat congress on the 25th of September, 2021 and the said Congress was monitored by INEC whose report was tendered in evidence.

Before the election of August 9, 2020, a party Chairmanship Aspirant, one Bitrus Kaze went to Court to challenge the Chocho-led Caretaker Committee.

On November 26, 2020, Justice Gang ruled in favor of Hon. Bitrus Kaze and ordered that the Chocho-led Caretaker Committee be dissolved to pave the way for a fresh congress.

Due to a lot of Court cases arising from the 1st Congress, the stakeholders of the party on their own agreed to dissolve the Chris Hassan-led EXCO elected from the 1st Congress and appointed a Caretaker Committee led by Senator Tunde Ogbeha which conducted a Fresh State Party Congress on September 25, 2021, in which Hon. Chris Hassan re-elected as Chairman.

Was this repeat Congress duly monitored by INEC?

Yes! INEC submitted its report titled ‘’Comprehensive Report of Repeated Congress of the People’s Democratic Party’’ dated 25^th September 2021.

Did Bitrus Kaze who challenged the Chocho-led Caretaker Committee participate in the Repeat Congress? Yes he did.

He polled 186 votes as against Hon. Chris Hassan’s 1,526 votes. Hon. Bitrus Kaze congratulated Hon. Chris Hassan and was also at the Swearing in of the EXCO together with his supporters like Lt. Gen. J.T. Useni and Hon. Damishi Sango.

Has there been any Court Case against this Repeat Congress of September 25, 2021? Yes.

In the case of Augustine Timkuk Vs PDP, the APC masterminded this suit to, nullify all PDP primaries in Plateau State. The Federal High Court in Jos dismissed the suit and the Court of Appeal Jos Division affirmed the judgment.

What important findings did the Federal High Court make in Augustine Timkuk’s Case?

That PDP complied with every existing Court Order regarding its State EXCO and therefore was not in disobedience with any Court Order. That PDP validly elected a new State EXCO, following its Constitution, and therefore had the right structure required of a party in place.

Did all the 17 Local Governments participate in the Repeat Congress? Yes.

The 17 Local Government Areas in Plateau State and all Ward EXCOs and ad hoc delegates totalling 1,600 persons participated in the repeat congress. Only the Exco members of 5 Local Government Areas (LGAs), totaling about 85 were excluded for various local reasons.

Where did the repeat congress take place?

The repeat congress of the PDP took place at Langfield Event Centre, Rayfield in Jos South Local Government Area of Plateau State.

Did the JUDGMENT of the Plateau State High Court by Justice SP Gang affect the concluded congresses at the Ward, Local Government or Zonal levels?

No! The judgment of the Plateau State High Court in suit no. PLD/J304/2020 only affected the eligibility of the Chocho-led Caretaker Committee to participate in the 1^st Congress which in any case was eventually canceled by mutual consent of PDP Stakeholders to pave the way for the repeat Congress of September 25, 2021, because Bitrus Kaze who was not an EXCO member of the party at any level wrote to PLASIEC (Plateau State Independent Electoral Commission) and demanded the exclusion of PDP.

9. Does PDP have any judgment(s) that confirmed the repeat congress after September 25, 2021? Yes!

There are two judgments that validated, and confirmed the repeated congress of the PDP. The Judgments are both by the Federal High Court Jos Division and the Court of Appeal, Jos Division. The particulars of the judgments are:

SUIT NO: FHC/J/CS/64/2022: BETWEEN: AUGUSTINE TIMKUK V. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) & 6 ORS (Federal High Court)

APPEAL NO: CA/J/300/2022: BETWEEN: AUGUSTINE TIMKUK V. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) & 6 ORS delivered on the 11th day of February 2023 (This is the most recent judgment that confirmed the congress report of the PDP)

10. At the Tribunal what are some of the pieces of evidence that PDP tendered to show that PDP did not disobey any court order?

The PDP led evidence and tendered the following documents:

1. a) CERTIFIED TRUE COPIES COMPREHENSIVE REPORT OF INEC ON THE REPEATED CONGRESS DATED 25TH SEPTEMBER, 2021
2. b) SUIT NO: FHC/J/CS/64/2022: BETWEEN: AUGUSTINE TIMKUK V. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) & 6 ORS (Federal High Court)
3. c) APPEAL NO: CA/J/300/2022: BETWEEN: AUGUSTINE TIMKUK V. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) & 6 ORS delivered on the 11th day of February, 2023
4. d) VIDEO EVIDENCE OF BITRUS KAZE CONGRATULATING CHRIS HASSAN DURING THE REPEAT CONGRESS.
5. e) EVIDENCE THAT NO LGA WAS EXCLUDED DURING THE REPEATED CONGRESS
6. f) EVIDENCE OF COMPLIANCE THE JUDGMENT OF JUSTICE SP GANG
7. g) EVIDENCE TO SHOW THAT PDP HAS A STRUCTURE IN PLACE IN PLATEAU STATE
8. h) EVIDENCE TO SHOW THAT NO COURT OF LAW HAS NULLIFIED THE REPEATED CONGRESS.
9. Was PDP in existence in Plateau State as at the time of the conduct of the 2023 general elections? Yes.

The structure of the PDP in Plateau State came into existence on the 25^th of September 2021, when the repeated congress was held and no one challenged the congress let alone any court nullifying the repeated congress.

12. What is the position of the Nigerian Law on the Appropriate Court to determine the validity of Party Congress? Being a pre-election matter, the jurisdiction for all pre-election matters rest with the Federal High Court.
13. What is the duty of an Election Tribunal and the Court of Appeal thereafter? The duty of the Tribunal and the Court of Appeal is centrally to determine who was validly elected and not to determine the validity of the Congress of PDP because the challenge to the validity of the Congress report can only be activated in a regular court and not at the Tribunal. Thereafter, the Court of Appeal can only decide if the Tribunal was right or wrong.
14. Were the candidates of the PDP nominated and sponsored by the State Chapter of the party?

By section 50 of the PDP constitution 2017 as amended, it is the duty of the National Executive Committee or National Working Committee of the PDP to nominate and sponsor candidates for all national elections and in the case of Plateau State, all the candidates were validly nominated and sponsored by the national leadership of the party.

15. Is the National Executive Committee of the PDP that nominated all the candidates of the PDP in Plateau State in disobedience of ANY alleged court order?

There was no evidence anywhere to show that PDP at the national level that sponsored and nominated PDP candidates in Plateau State is in any disobedience of any court order.

16. What was the basis of the judgment of the Court of Appeal against PDP?

The judgment of the Court of Appeal sacking Plateau State candidates of the PDP was based on an alleged but unproved disobedience to a court order. Evidence, before the Court showed PDP, had complied with every known Court Order.

17. Did the Court of Appeal refer to the decisions of the Federal High Court and Court of Appeal which favoured the PDP? No!

The Court of Appeal refused to use the evidence of compliance with the judgment of the Plateau State High Court which were all tendered in evidence before the court and no objection was raised as to the admissibility of those documents.

18. Did PDP in Plateau State breach any law before the 2023 general election? No!

PDP in Plateau State did not contravene any known law before the conduct of the general elections and that is why the names of all the candidates of the PDP were accepted and published by INEC.

19. Did any member of the opposition party challenge the names of the PDP candidates after same were published by INEC? No!
20. Did any aspirant who participated in the primary election of the PDP challenge any of the candidates? No!

All the ASPIRANTS of the PDP in Plateau State at the primaries were all satisfied with the process.

21. Did the opposition tender any court judgment that nullified the repeat congress of the PDP at the trial? No!

Because there is no such judgment in existence anywhere in the world instead, they relied on judgments, and the courts in those judgments only said PDP did not produce evidence to show that it had complied. However, in the present trial, the evidence that was missing in the previous cases was before the court, yet the court refused to use and apply the evidence.