Governor Caleb Mutfwang 

By Joseph A. Adudu 

It is exactly one year today, 12th January 2025 when a five-member Supreme Court panel ruled that the Appeal Court verdicts on Plateau and two other states governorship polls were perverse, flying in the face of not only the law but judicial precedents.

The Supreme Court berated the Appeal Court judges for going into the issue of nomination and sponsorship despite several decisions of the apex court to the effect that a political party cannot challenge the primary election of another.

The Apex Court equally held that matters of the National Executive Council, and administration of a political party, are internal affairs of the party and cannot be entertained by the tribunal or the Court of Appeal.

It was  highly embarrassing that Justice Emmanuel Agim warned the legal profession to wake up or risk rendering itself irrelevant to the society. 

Justice John Okoro lamented that “a lot of people have suffered” because of the wrongful judgements of the appellate court which had sacked several legislators who won elections under the platform of the PDP in Plateau State.

The tongue-lashing of the Appeal Court judges was so loud that Mike Ozekhome, a Senior Advocate of Nigeria, SAN, likened it to the whipping of errant children. “The Supreme Court spared no words, they used legal and judicial Koboko (cane) to flog the Court of Appeal for what they termed miscarriage of justice, perverse judgements,” Ozekhome said while speaking on Saturday, January 13, in an interview with Arise TV.

Recall that the Court of Appeal sitting in Abuja in November 2023 sacked all the 16 members of the Plateau State House of Assembly. The court had earlier sacked two senators and five House of Representatives members, all for disobedience to court order and lack of political structure.

Barr. Caleb Mutfwang’s election as governor was also nullified by the appeal court on the aforementioned premise until its reversal by the Supreme Court.

Earlier, the PDP had raised its voice,  alleging perverse pattern and attempts by the APC to use certain hugely compromised Electoral Petition Courts to snatch elections clearly won by the PDP and award them to the defeated candidates of the APC who were rejected by the people at the polls in most States across the country.

 Specifically, Ambassador Illya Damagum, the Acting National Chairman of the PDP, while addressing a press conference in Abuja after the judgement of the Court of Appeal, said, "of serious concern is the continuing stay of the patently bias Plateau State Election Appeal Court Panel sitting in Abuja despite widespread demands by the people of Plateau State and the PDP for its immediate disbandment having regards to its varying and contradictory judgments against the PDP, which are also in conflict with the provisions of the Constitution of the Federal Republic of Nigeria 1999 (as amended), the Electoral Act, 2022, INEC’s Guidelines and Regulations for elections”.

Damagun went further to alleged that  in a bid to assist the APC, the Plateau State Election Appeal Court Panel, in clear departure from well-established Judicial Precedents on matters settled by the Supreme Court, delivered varying, contradictory and conflicting judgments on election Appeals with the same subject matter, same facts, same circumstances and same applicable laws in bias judgements clearly skewed against the PDP in favour of the APC.

Consequently, the judgement of the supreme Court confirmed the allegations raised by the National Chairman of the PDP. Hon. Justice Emmanuel Agim who read the lead judgment noted that the petition of the APC in the first place was an abuse of the court process and faulted the appeal court for sacking the governor.

Agreeing with the lead judgment, Justice John Okoro said, "My worry is that a lot of people have suffered as a result of this”.

Justice Okoro’s lamentation bears repeating because currently , two Plateau PDP senators, five members of the House of Representatives and sixteen House of Assembly members freely elected by the people are sitting at home, while two APC Senators, five House of Reps members elected by Justices Oluwayemisi Williams-Dawodu, Abdulaziz Waziri and Okon Abang, (none of whom is from Plateau State, not to talk of casting a ballot in the February 25, 2023 National Assembly election), are in Abuja representing themselves and those who made their ascension possible. 

Same with the 16 House of Assembly members elected on the PDP platform which the panel sacked and willfully handed their seats to the APC.

It's in the light of this that pundits constantly hold that with that judgment, the  supreme Court had sent a signal that it was committed to redeeming the image of the judiciary considered as the last hope of the common man.

Indeed , the Supreme Court judgement on Plateau and other states not only rescued the judiciary from the abyss it was before January 12th, 2024, but saved Nigeria from the calamitous situation she would have faced in those States, had the judgements been the other way round, which would have been anti-people,”

In a democracy, the people are sovereign. The people are the ultimate source of authority. 
The rule of law and democracy are closely linked, and a democratic state under the rule of law is one where the government is bound by the law and citizens elect their leaders freely.

It is on this premise that the Supreme Court judgement is seen as victory for rule of law, democracy and the people.

It is for this reason also that there was jubilation across the length and breadth of Plateau State following the Supreme Court affirming Governor Caleb Muftwang as the governor as citizens trooped out in thousands to celebrate

It is however, unfortunate that nothing is being heard again of the committee set up by the National Judicial Council (NJC) 14 months ago and headed by the former Chief Justice of Nigeria, Justice Walter Onnoghen to addressed the spate of conflicting judgments.

This is so despite the submission by Ngige, who is the Chairman of the  Council of Education that the issue of conflicting judgments which emanated from the courts reached an embarrassing level in the pre-election and post-election litigation in the various courts and tribunals in the country, hence, the need for setting up the committee.

As Plateau citizens commemorate this important day, we will continue to advocate for a strong and independent judiciary being a vital part of a democracy for the protection of rights and freedoms of the people and to ensure that the law is applied fairly: 

Governor Mutfwang on his part has set a standard. His policy of inclusiveness, fairness and equity has given hope and new lease of life to Plateau citizens.

It is for this reason that constructive criticisms remain the best option in order to offer specific and actionable advice to help the governor to improve bearing in mind that Plateau belongs to all of us.