The Governor of Plateau State, Caleb Mutfwang, has stated the Court docket of Attraction was unfair to him in nullifying his election.
He additionally stated he was not given a good listening to by the appellate courtroom
He stated he introduced eight factors to the Court docket of Attraction to show the validity of his election, however just one was decided.
He defined that the dismissal of the seven points he raised by the Court docket of Attraction was in opposition to the directive of the Supreme Court docket that intermediate courts ought to pronounce on all points positioned earlier than it
He pleaded with the Supreme Court docket to declare him the validly elected governor of the state..
Mutfwang, who made the submission in his temporary on the Supreme Court docket by an eight-man staff of Senior Advocates of Nigeria led by Kanu Agabi, stated “The regulation is settled that wherever there’s a incorrect, there should be a treatment.”
The listening to of his temporary by the Supreme Court docket is on Tuesday.
He stated, “Eight points have been distilled and positioned earlier than the courtroom under for willpower. Sadly, just one problem (of jurisdiction) was decided by the courtroom under leaving untouched seven points.
“This courtroom has said in fairly numerous circumstances that intermediate courts ought to pronounce on all points positioned earlier than it. It shouldn’t prohibit it to a number of points which its opinion could get rid of the matter.
“That is to present the apex courtroom the good thing about their views within the matter ought to there be want to contemplate different points not decided by the intermediate courtroom.”
Mutfwang insisted that since he was not given truthful listening to, the Supreme Court docket ought to dismiss the judgement of the Court docket of Attraction, which invalidated his election.
He added, “It’s our additional submission that having denied truthful listening to to the Appellant, with respect to the Discover of Preliminary Objection in addition to a Movement to strike out the incompetent Grounds of Attraction,, the choice of the decrease Court docket to dismiss identical is, with all due respect manifestly flawed.
“The implication of denial of truthful listening to renders proceedings null and void. See the case POROYE V. MAKARFI (2018) 1 NWLR (PT.1599) 91 AT 153, PARAS. D – E.
“We respectfully urge the Honourable Court docket to invoke its powers in Part 22 of the Supreme Court docket Act by upholding the Discover of Preliminary Objection of the Appellant embedded in his Transient earlier than the decrease Court docket and likewise granting the Movement of the Appellant filed on 2nd November, 2023 earlier than the decrease Court docket by putting out Grounds 1 – 9, 11, 12, 15, 16, 17, 20, 21 and 22 of the Discover and Grounds of Attraction of the first and 2nd Respondents.
He stated he has hooked up sufficient proof to show that the Court docket of Attraction shouldn’t have cancelled his election.
He stated, “We have now demonstrably proven on this temporary that, to all intents and functions, the Judgment of the decrease Court docket, with the best respect, has occasioned injustice of unquantifiable magnitude to the Appellant.
“The regulation is settled that wherever there’s a incorrect, there should be a treatment. This precept of regulation which is of appreciable antiquity is expressed within the Latin maxim, ubi jus, ibi remedium.
“We subsequently most respectfully urge the Honourable Court docket to permit the enchantment, put aside the Judgment of the decrease Court docket and thereupon affirm the Appellant because the duly elected Governor of Plateau State.”
He listed eight explanation why the Supreme Court docket ought to validate his election because the governor of Plateau State.
He stated, “The difficulty of nomination and sponsorship, which underpinned Floor 1 of the Petition, is just not solely a pre-election however throughout the inside affairs of the 4th Respondent, and as such, the first and 2nd Respondents lacked the locus standi to canvass it.
“The Judgment of the decrease Court docket delivered on nineteenth November, 2023 is fatally flawed for need of jurisdiction having regard to Part 285(2) of the Structure (supra). Disobedience of Court docket Order is just not one of many grounds for sustaining election Petition beneath Part 134 of the Electoral Act (supra), neither is it a part of Part 177(c) of the Structure (supra), not to mention disqualifying the Appellant from contesting the election.
“At any charge, given the overwhelming oral and documentary proof together with however not restricted to EXHIBITS U and 2RA3, the 4th Respondent complied with EXHIBIT G1 by conducting State Congress on twenty fifth September, 2021 in Plateau State.
“The proof of PW16 was totally discredited and controverted and as such the decrease Court docket was clearly within the incorrect to have closely relied on it in opposition to the Appellant.
“The first and 2nd Respondents woefully didn’t discharge the requisite burden of proof on them and as such not entitled to the reliefs sought of their Petition extra in order that having impugned the election as invalid for non-compliance, it’s absurd of them to put declare to victory for a similar election.
“The decrease courtroom was, with all due respect, in grave error when it held that the Tribunal was incorrect in putting out the offensive paragraphs of Appellant’s Reply and in using proof of PW16, PW24, PW27 and PW28 as a Tribunal of first occasion.
“The decrease Court docket denied truthful listening to to the Appellant by dismissing his Discover of Preliminary Objection in addition to Movement to strike out sure grounds of the Discover of Attraction of the first and 2nd Respondents with out correctly contemplating identical.”