The Judiciary, one of the arms of government, has been meticulous in interpreting the Constitution of the Federal Republic of Nigeria 1999 as amended and the Electoral Act 2022. For now, four governors and some National Assembly members have lost their seats.

Already, Governor Abba Kabir Yusuf of Kano state who came to office on the ticket of New Nigeria Peoples Party (NNPP) and Governor Caleb Mutfwang of Plateau State who flew the flag of the Peoples Democratic Party (PDP), Governor Abdullahi Sule of Nasarawa State. Governor Dauda Lawal of Zamfara was removed because the Appeal Court declared his election inconclusive. Elections are to be conducted in some local governments. But all of them have gone on appeal.

To political pundits, the decision of some members of the Peoples Democratic Party (PDP) in Plateau state and in some states where there were no party structure before they held party primaries were mere exercise in futility. A Plateau High had earlier ordered the PDP to conduct another primaries to elect their party executive.

When they won in the 25 February Presidential and National Assembly elections, those grounded in Political activities and the application of the Electoral Act 2022 imagined it was a pyrrhic victory. The sword of Damocles was dangling and it fell on their heads at the State Election Petition Tribunals and the Court of Appeal.

The tap root feeding political trees and umbilical cord nursing electoral babies was the kernel of all the issues surrounding the issues of party sponsorship of candidates. It rests squarely on the shoulders of Section 82 of the Electoral Act 2022 which states that :(1) Every registered political party shall give the Commission at least 21 days’ notice of any convention, congress, conference or meeting convened for the purpose of “merger” and electing members of its executive committees, other governing bodies or nominating candidates for any of the elective offices specified under this Act.

(2) The Commission may, with or without prior notice to the political party attend and observe any convention, congress, conference or meeting which is convened by a political party for the purpose of-
(a) electing members of its executive committees or other governing bodies;
(b) nominating candidates for an election at any level; and
(c) approving a merger with any other registered political party.

(3) The election of members of the executive committee or other governing body of a political party, including the election to fill a vacant position in any of the aforesaid bodies, shall be conducted in a democratic manner and allowing for all members of the party or duly elected delegates to vote in support of a candidate of their choice.

(4) Notice of any congress, conference or meeting for the purpose of nominating candidates for Area Council elections shall be given to the Commission at least 21 days before such congress, conference or meeting.

(5) Failure of a political party to notify the Commission as stated in subsection (1) shall render the convention, congress, conference or meeting invalid.

It was on this basis that the national and state houses of assembly elections petition tribunal sitting in Jos, the Plateau State capital nullified the elections of four National Assembly members of the Peoples Democratic Party (PDP) over lack of structure.

In a unanimous judgment of the three member panel, Justice Mohammed Tukur ruled that the PDP candidates in the state were invalidly nominated due to no party structure in the state.

The lawmakers affected in the judgment so far are Mr. Peter Gyendeng representing Barkin-Ladi/Riyom Federal Constituency; Mr. Musa Bagos representing Jos South/Jos East Federal Constituency; Mr. Beni Lar representing Langtang North/Langtang South Federal Constituency and Mr. Napoleon Bali, representing Plateau South Senatorial District.

The tribunal’s ruling , however, favoured Mr. Fom Dalyop and Mr. Ajang Alfred Iliya of Labour Party for Barkin-Ladi/Riyom Federal Constituency and Jos South/Jos East Federal Constituency; Mr. Vincent Bulus Venman of APC for Langtang North/Langtang South Federal Constituency and Mr. Simon Lalong for Plateau South Senatorial Seat.

In a similar judgement, Justice Inyang Ekwo of the Federal High Court, Abuja division invalidated the primary election that produced Alhaji Sani Galadima as the PDP candidate for 2023 Laura Namoda/ Birni Magaji Federal Constituency of Zamfara state.

Justice Ekwo also ordered fresh election within 14 days. He restrained Alhaji Galadima from participating in the primary election.

Three days after the Court of Appeal sacked the governor of Kano state, the Court in a unanimous decision on Sunday also sent Governor Caleb Mutfwang of Plateau State out of the government house.

The Court ruled that Governor Muftwang was not sponsored by his party, the Peoples Democratic Party (PDP).

Despite the Court’s verdict, Governor Muftwang will remain in office until the Supreme Court rules on the matter if he chooses to appeal the ruling.

According to the Electoral Act 2022, the Supreme Court is the final arbiter for governorship and presidential elections while the Court of Appeal is the final arbiter for legislative elections.

The three-member panel led by Justice Elfrieda Williams-Dawodu held that the appeal brought by Mr. Nentawe Goshwe of the All Progressives Congress (APC), was valid as the issue of qualification was both a pre and post-election matter under Section 177(c) of the Nigerian Constitution and Sections 80 and 82 of the Electoral Act, 2022.

The Appeal Court ruled that the failure of the PDP to comply with the order of the Plateau State High Court in Jos directing it to conduct valid ward, local governments and state congresses before nominating its candidates for the various elective posts was a breach of the law.

Consequently, the court set aside the judgement of the Governorship Election Petitions Tribunal describing it as “highly inconsistent and breach of fair hearing by relying on expunged witnesses’ statements to refuse Mr. Goshwe’s appeal”.

The Court thereafter, ordered the Independent National Electoral Commission (INEC) to withdraw the Certificate of Return issued to Governor Muftwang and issue a fresh one to Mr Goshwe of the APC.

Except the Electoral Act 2023 is amended, particularly Section 82, a lot of tables would be turned should candidates emerge without fulfilling conditions precedent to their emergence as candidates of political parties.

For the governors, they still have a window of opportunity to retain their seats at the Supreme Court but for the lawmakers, it is game over. It is, however, still contentious whether the cases on which the tribunals have ruled were ore-election or post-election matters.