The Court of Appeal in Abuja on Sunday, November 19, voided the election of Caleb Mutfwang of the Peoples Democratic Party (PDP) as the governor of Plateau State.
In the judgment, a three-member panel of the court, led by Justice Elphreda Williams-Dawodu, ordered the Independent National Electoral Commission (INEC) to withdraw the certificate of return issued to Mutfwang and issue a fresh one to Nentawe Goshwe of the All Progressives Congress (APC), who the court declared as the valid winner of the March 18 governorship election.
Courts have dismissed at least three governors whose elections were challenged by opposing political parties. Also, an election was declared inconclusive and a rerun was ordered just eight months after the gubernatorial elections in March.
Here’s a list of governors who have been sacked and the grounds of their dismissal:
1. Abdullahi Sule (Nasarawa)
The Nasarawa State Governorship Election Petitions Tribunal tribunal led by its chairman, Ezekiel Ajayi in a split judgement of two against one directed the Independent National Electoral Commission, INEC in October to withdraw the certificate of return from Abdullahi Sule and issue it to David Ombugadu of the PDP.
The court in its majority judgement delivered October 2, said the evidence before its panel indicated that the election was won by the PDP candidate David Umbugadu and not Engr Abdullahi Sule of the APC.
The electoral umpire, INEC had announced Governor Abdullahi Sule as the winner of the election, but unsatisfied with the declaration, Ombugadu of the PDP approached the Election Petition Tribunal to seek redress over alleged malpractices.
The tribunal, led by Justice Ezekiel Ajayi, in its decision, deducted the incorrect votes added to Sule and added back the votes which were reduced from the overall votes of David Ombugadu.
This decision was based on the certified copies of the polling unit results (forms EC8A) that were presented by the petitioners.
2. Dauda Lawal (Zamfara)
The Court of Appeal sitting in Abuja on Nov. 16, 2023, declared the March 18 Zamfara Governorship Election, inconclusive.
A three-member panel of Justices unanimously nullified the return of Governor Dauda Lawal of the Peoples Democratic Party (PDP) as the winner of the gubernatorial contest.
The judgement followed an appeal lodged before the court by the immediate past governor of the state, Bello Matawalle, who was the candidate of the All Progressives Congress, APC, in the election.
In the lead judgement that was read by Justice Sybil Nwaka, the court held that the Zamfara State Election Petitions Tribunal did not consider the evidence provided by the appellants – All Progressives Congress (APC).
3. Abba Kabir Yusuf (Kano)
The Court of Appeal sitting in Abuja on Friday dismissed Governor Abba Kabir Yusuf of Kano State.
The panel upheld the verdict of the tribunal led by Justice Oluyemi Akintan Osadebay which sacked Yusuf on September 20, 2023.
The Nation reports that the lower tribunal had declared the candidate of the All Progressives Congress (APC), Nasir Gawuna, as the lawfully elected candidate in the 18 March election.
After the 18 March election, the Independent National Electoral Commission (INEC) declared that the NNPP polled 1,019,602 votes against the APC’s 890,705 to emerge victorious.
However, the tribunal invalidated over 165,663 ballots printed in favour of NNPP. The court ruled that the votes were deducted because the ballot papers with which they were cast were not stamped or signed. This rendered the votes invalid, according to the tribunal.
The tribunal ordered that the invalid votes be expunged from Yusuf’s scores.
Displeased with the tribunal’s judgement, Yusuf in a notice of appeal dated 2 October 2023, argued that the tribunal erred when it relied on sections 71 and 63 of the Electoral Act, 2022 to invalidate the 165,616 ballot papers returned in his favour.
The appellate court agreed with the tribunal’s judgment, subsequently sacking the governor.
This ruling is not the last judicial pronouncement on the election, as the losing party after the Appeal Court ruling is constitutionally allowed to appeal to the Supreme Court, the country’s highest court with the final say on the electoral dispute.
4. Caleb Mutfwang (Plateau)
In a judgment on Sunday, a three-member panel of the court, led by Justice Elphreda Williams-Dawodu, ordered the Independent National Electoral Commission (INEC) to withdraw the certificate of return issued to Mutfwang and issue a fresh one to Nentawe Goshwe of the All Progressives Congress (APC), who the court declared as the valid winner of the March 18 governorship election.
Justice Williams-Dawodu, in the lead judgment, set aside the decision of the Governorship Election Petition Election, which had dismissed the petition of the APC and its candidate.
The judge held that Mutfwang was not validly sponsored by the PDP and that he was not qualified to have contested the election because the PDP did not conduct valid state, local government, and Ward congresses ordered by a High Court of Plateau State and it had no structure as at the time of the election
The judgment on Sunday was on the appeal filed by the APC and Goshwe against the September 22 decision of the Governorship Election Petition Tribunal which had dismissed their petition and affirmed the PDP candidate’s election.
