Court of Appeal, gives fair hearing, Dr. Nentawe tells Supreme Court

 

By Muhammad Tanko Shittu

The All Progressives Congress (APC), Plateau State gubernatorial candidate, Dr. Nentawe Yilwatda, has urged the Supreme Court, to dismiss Governor Caleb Mutfwang's averment that the Court of Appeal has denied him fair hearing.

Dr. Nentawe also averred that his contention was about "qualification/sponsorship," of Gov Mutfwang, and urged the Supreme Court to so hold that the PDP lacked the capacity to sponsor any candidate to contest the 2023 general election.

Dr.  Yilwatda made the urge in his response to the grounds of appeal by Mutfwang, billed for adoption before the Supreme Court, Tuesday.

The Court of Appeal, Abuja division had in November, 2023, sacked Governor Caleb Mutfwang, on ground of non qualification to contest the March 2023, general election, it also declared Dr. Nantawe Yilwatda Goshwe, as the valid winner of the election.

However, dissatisfied with the Court of Appeal judgement, Mutfwang filed appeal before the Supreme Court.

In his response to Mutfwang's averment, the APC candidate, Yilwatda, through his six-man SANs, and five other lawyers, lead by Prof. Kayode Olatoke SAN, said the Court of Appeal, has discharged it's duties, where it held that it had, "...very carefully considered the processes filed for and against the objection and motion by the parties and carefully read their submissions," before arriving at its judgement.

"Submit that the above finding is clear and succinct enough to know that the lower court considered the processes and the arguments of the parties before reaching the inevitable conclusion dismissing the objections. 

"Submit that the issue of denial or violation of the Appellant’s right to fair hearing does not arise," Nentawe averred.

He reminded the apex court, on its various decisions by their lordships: Chukuma-Eneh, JSC and Per Nweze, JSC, on fair hearing, respectively.

Dr. Nentawe further told the apex court, that its different judgements, had ruled that the issue of, "qualification of a candidate is both pre-election and post election matter which both the high courts and the relevant election tribunals have jurisdiction to hear and determine."

"My lords, it must be carefully noted that the provision of section 134 (1) (a) and (3) of the Electoral Act, 2022 is im pari materia with the provisions of section 138 (1)(a) of Electoral Act, 2010 (as amended) which was construed in the above cited judicial authorities. 

"The lower court cannot therefore be faulted in concluding that the Honourable Tribunal has the requisite jurisdiction to determine the ground that the Appellant was at the time of the Election not qualified to contest the Election given the fact that he was not sponsored by any political party in breach of section 177 (c) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

"It is our humble contention that Appellant totally missed the point in arguing this issue. The petition was properly constituted and the tribunal was statutorily and constitutionally imbued with jurisdiction to entertain the claim grounded on non qualification. Allegation that 4 Respondent did not comply with the mandatory provisions of section 177 (c) of the constitution to sponsor a candidate by reason of flagrant non-compliance with valid court order was well made and sustained in the entire circumstance of this appeal. 

"This has laid the 4 Respondent bare without a valid structure of the party in place in accordance with the provisions of section 223(1) (a) and (2)(a) of the Constitution...," Nentawe averred.

He further urged that Supreme Court, not allow the appeal, in other not to set a precedence of violating court orders, Nentawe also urged the apex court to resolve all issues in his favour, and to uphold the judgement of the lower court, that declared him valid winner of Governorship Election in Plateau State.