By James Moses (9News Nigeria, Jos)
Plateau State Governor, Barrister Caleb Manasseh Mutfwang has said the Court of Appeal was unfair to him in nullifying his election claiming that he was not given fair hearing by the Appellate Court, Mutfwang said he presented eight points to the Court of Appeal to prove the validity of his election, but only one was determined.
The Governor said the dismissal of the seven issues he raised by the Court of Appeal was against the Supreme Court directive that intermediate Court’s should pronounce on all issues placed before it.
He pleaded with the Supreme Court to declare him as the validly elected Governor of Plateau State.
Mutfwang, who made the submission in his brief at the Supreme Court by eight Senior Advocates of Nigeria (SANs) led by Kanu Agabi, said:
“The Law is settled that wherever there is a wrong, there must be a remedy”.
The hearing of his brief by the Supreme Court is slated for Tuesday, January 9, 2024.
He said: Eight issues were distilled and placed 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 all 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 insisted that since he was not given fair hearing, the Supreme Court should dismissed the judgement of the Court Appeal, which invalidated his election.
He added: “It is our further submission that having denied the appellant fair hearing, 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.
“The implication of denial of fear hearing renders proceedings null and void. See the case:
POROYE V. MAKARFI (2018) 1 NWLR (PT. 1599)91 AT 153, PARAS. D”
He said he attached enough evidence to prove that the Court of Appeal should not have cancelled his election.
