Supreme Court on Tuesday reserved it’s judgements on appeals challenging the elections of Plateau State Governor, Caleb Mutfwang and three other separate appeals challenging the election of Governor Sheriff Oborevwori of Delta State.
Justice Inyang Okoro, the presiding Justice of a five man panel of the Supreme Court said the date of judgements will be communicated to parties in the matter .He, however, added that judgement will be delivered on Plateau State Governorship’s appeal before January 16 when it elapses and in respect Delta State Governorship appeal before January 22 .
While Governor Mutfwang is contending to save his election victory that was truncated by an order of Court of Appeal that sacked him. Court of Appeal don’t only sacked Mutfwang but declared Nentawe Goshwe of All Progressive Congress (APC) winner of the election on account of People Democratic Party (PDP) non compliance with a High Court order .
Recalled that Appeal Court had on the strength of the Court order sacked several PDP lawmakers from Plateau State for emerging from the invalid party congress in contravention of a subsisting order of court.
On his part, Governor Oborevwori is faced with three separate appeals filed by Kenneth Gbaji of Social Democratic Party, Senator Ovie Omo-Agege a former Deputy Senate President who came second on the ticket of All Progressive Congress (APC) and Ken Pela of the Labour Party (LP).
During the Supreme Court proceedings on Tuesday, the governor’s counsel, Kanu Agabi, a Senior Advocate of Nigeria, said the judgement of the court below should be set aside in line with his appeal filed on December 16, while the decision of the Tribunal should be affirmed.
Agabi said that alleged disobedience to a subsisting orders of court is not part of the grounds to consider in disqualifying a candidate sponsored by a political party.
He argued that the entire petition was founded on the nomination and sponsorship of his client by the PDP.
He said the court departed from judicial precedence of the apex court on the issue of sponsorship which is a pre-election matter.
Justice Inyang Okoro asked Agabi to address them on the implication of the court sacking almost all the candidates that contested on the PDP platform in the state over a subsisting orders of a court.
Agabi said he had listed in his brief of arguments how the PDP complied with the order of court.
According to him, the court below only said the compliance was inadequate because the PDP did not have the required numbers of delegates from the Local Government Areas in Plateau state.
“What is the effect of the subsisting order of a high court that said PDP should conduct a valid court?”, the apex court asked again.
Agabi said exhibits were tendered by INEC and others to show that a valid congress was held.
He added, that in any case, by the apex court decision, the APC has no standing to challenge the congress of another political party.
“It is important that you take a stand on this. We will go back and pray he added.
Counsel for the APC candidate, Prof. J.O Olatoke, was asked if the order of a high court which obviously was given without jurisdiction, can have an effect against the PDP and its candidates.
Olatoke replied that the matter of invalid congress was instituted by PDP cheiftains and was affirmed by the Court of Appeal.
Barrister Omosoya Popoola, counsel for the APC, asked the apex court to uphold the removal of the governor.
“Does the court have jurisdiction to deal with the issue of how a candidate is nominated by a political party?,” the apex court asked him.
Poopola said it is not in all cases that the court can decline jurisdiction.
After hearing them, the Supreme Court reserved judgement.
The verdict will be passed on or before January 16, when the appeal would elapse.
Arguing the appeal filed Kenneth Gbaji and Social Democratic Party challenging the elections of Governor Sheriff Oborevwori , lead counsel Ahmed Raji SAN adopted the appellant brief of argument and 10 reply briefs and prayed the Supreme Court to allow the appeal and declare SDP winner of the election of March 18, 2023
The 1st respondent ,the Independent National Electoral Commission(INEC) also adopted it’s brief and urge the court to dismiss the appeal for lack of merit.
The 2 to 13 respondents equally adopted their briefs arguments and asked the apex to dismiss the appeal.