Appeal Court Determined Only One of My Eight Arguments

The Governor of Plateau State, Mr. Caleb Mutfwang, yesterday said the Court of Appeal was unfair to him in nullifying his election, pointing out that the appellate court determined only one of his eight arguments before it.

Stressing that he was not given a fair hearing by the appellate court, Mutfwang stated that the dismissal of the seven issues he raised before the court of appeal was against the directive of the supreme court that intermediate courts should pronounce on all issues placed before it.

The governor in a brief hearing by the supreme court therefore pleaded with the apex court to declare him as the validly elected governor of the state, arguing that the law is settled that wherever there is a wrong, there must be a remedy.

He made the submission in his brief at the court by an eight-man team of Senior Advocates of Nigeria (SANs) led by Kanu Agabi.

“Eight issues were distilled and placed before the court below for determination. Unfortunately, only one issue (of jurisdiction) was determined by the court below leaving untouched seven issues.

“This court has stated in quite a number of cases that intermediate courts should pronounce on all issues placed before it. It should not restrict it to one or more issues which its opinion may dispose of the matter.

” This is to give the apex court the benefit of their views in the matter should there be need to consider other issues not determined by the intermediate court,” Mutfwang argued.

Mutfwang insisted that since he was not given fair hearing, the supreme court should dismiss the judgment of the court of appeal which invalidated his election.

“We have demonstrably shown in this brief that to all intents and purposes, the judgment of the lower court, with the greatest respect, has occasioned injustice of unquantifiable magnitude to the appellant.

“The law is settled that wherever there is a wrong, there must be a remedy. This principle of law which is of considerable antiquity is expressed in the Latin maxim, ubi jus, ibi remedium.

“We therefore most respectfully urge the honourable court to allow the appeal, set aside the judgment of the lower court and thereupon affirm the appellant as the duly elected governor of Plateau state,” the governor said.

He said he had attached enough evidence to prove that the court of appeal should not have cancelled his election.

” It is our further submission that having denied fair hearing to the appellant, with respect to the notice of preliminary objection as well as a motion to strike out the incompetent grounds of appeal,, the decision of the lower court to dismiss same is, with all due respect manifestly flawed,” he maintained.

Mutfwang further listed eight reasons why the supreme court should validate his election as the governor of Plateau state, stressing that the issue of nomination and sponsorship which underpinned ground one of the petition was not only a pre-election matter, but within the internal affair of the 4th respondent and as such the 1st and 2nd respondents lacked the locus standi to canvass it.

“The judgment of the lower court delivered on November 19, 2023 is fatally flawed for want of jurisdiction, having regard to section 285(2) of the constitution,” he argued.

He added: “The lower court was, with all due respect, in grave error when it held that the tribunal was wrong in striking out the offensive paragraphs of appellant’s reply and in utilising evidence of PW16, PW24, PW27 and PW28 as a tribunal of first instance.”