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Appeal court is unfair to me, Plateau gov tells Supreme Court

The Governor of Plateau State, Caleb Mutfwang, has said the Court of Appeal was unfair to him in nullifying his election.

He also said he was not given a fair hearing by the appellate court

He said he presented eight points to the Court of Appeal to prove the validity of his election, but only one was determined.

He explained that the dismissal of the seven issues he raised by the Court of Appeal was against the directive of the Supreme Court that  intermediate courts should pronounce on all issues placed before it.

He pleaded with the Supreme Court to declare him the validly elected governor of the state..

Mutfwang, who made the submission in his brief at the Supreme Court by an eight-man team of Senior Advocates of Nigeria 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 on Tuesday.

He said, “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 insisted that since he was not given fair hearing, the Supreme Court should dismiss the judgement of the Court of Appeal, which invalidated his election.

He added, “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.

“The implication of denial of fair hearing renders proceedings null and void. See the case POROYE V. MAKARFI (2018) 1 NWLR (PT.1599) 91 AT 153, PARAS. D – E.

Omolewa

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