By Oliver Kum
All Applications in the Governoship Election Petition Tribunal Plateau State in EPT/PL/GOV/03/2023 between Dr. Nentawe Yilwada Goshwe, APC against INEC, Caleb Mutfwang, PDP have been taken on Tuesday and Rulings on some of the Applications reserved till Thursday 8th June, 2023.
One of the Applications by the 2nd Respondent (Caleb Mutfwang) is a Notice of Preliminary Objection seeking for the dismissal of the Petition.
Moving the Application on behalf of the 2nd Respondent, P. A Akubo SAN humbly adopted all the reliefs stated therein and the grounds upon which the Application is predicated.
Counsel said there were 20 paragraphs affidavit in support of the Preliminary Objection and a document (Declaration of Results, marked, exhibit R1) attached to the Application.
Also, Counsel, on behalf of the 2nd Respondent, adopted their Written Address in support of the Application in urging the Tribunal to dismiss the Petition.
Counsel for the 1st and 3rd Respondents (INEC and PDP) aligned themselves with the submissions of the 2nd Respondent.
However, Counsel for the Petitioners, Prof. Kayode Olatoke SAN in vehement objection to the Preliminary Objection told the court they have filed a 14 paragraph Counter Affidavit and relied in the disposition therein.
“We equally filed a Written Address wherein, we raised our objections to the Preliminary Objection in paragraph 2.0 to 2.04 on the competency of the Application and it’s merit on paragraph 3.0 to 5.01 in urging my Lords to dismiss the Application”.
Counsel for the Petitioners further told the Tribunal that nowhere in their Petition was the word, ‘nomination’ featured stressing that the Application was an abuse of court process and an attempt to mislead the Tribunal.
Responding, Counsel for the 2nd Respondent, P. A Akubo SAN said, “My Lords, we are accused in paragraph 4.9 to paragraph 4.17 of their Written Address for being the ones to have raised the issue of nomination and primary election.
“My Lords, they raised the issue of nomination and primary election at paragraph 20 and paragraph 41 of their Petition and I want the Tribunal to take judicial notice of this, pursuant to section 122 sub section 2 of the Evidence Act 2011”.
Counsel further stated that Ground one of the Petition was anchored on nomination and sponsorship of the 2nd Respondent by the 3rd Respondent. “My Lords, nowhere in the Petition did they mention section 177of the Constitution of the Federal Republic of Nigeria 1999 (As Amended)”.
It was the submission of Counsel of the 2nd Respondent that the issue of nomination and sponsorship of candidate are entirely an internal affairs of political parties. Counsel cited latest authority in the case of NDUKWE V AYU (2023) 5 NWLR (Pt. 1877) where the Supreme Court held that the court cannot question the issue of nomination and sponsorship of a candidate by a political party.
2nd Respondent’s Counsel therefore, urged the Tribunal to discountenance the Counter Affidavit of the Petitioners and grant the Application and dismiss the Petition.
The Tribunal reserved ruling on the Preliminary Objection which would be incorporated in the final judgement
Nigeria Star News 