Femi Falana SAN Critiques Supreme Court's Verdict on Plateau State Governorship: Unraveling the Legal Tapestry"

Femi Falana SAN Critiques Supreme Court's Verdict on Plateau State Governorship: Unraveling the Legal Tapestry"

In a recent legal discourse, Femi Falana SAN, a prominent Human Rights Activist Lawyer, scrutinized the Supreme Court's judgment affirming the legitimacy of Plateau State Governor, Barrister Caleb Mutfwang. Falana, in a statement titled "Supreme Court and New Electoral Jurisprudence in Nigeria," expressed concerns over certain aspects of the judgment and the perceived dismissal of the Court of Appeal's role by Justice Agim.

The crux of Falana's argument centers around the Supreme Court's assertion that the primary election producing Governor Mutfwang was beyond the lower court's jurisdiction. Justice Agim contended that the Court of Appeal lacked the authority to entertain the case and emphasized that the issue of sponsorship had expired, questioning the petitioners' locus as non-members of the Peoples Democratic Party (PDP).

Challenging this perspective, Falana underscored the constitutional provision in section 285(13) that allows a rival political party to contest the qualification of a candidate who did not partake in a valid primary. Citing precedents, he emphasized the Supreme Court's past decisions affirming that qualification is both a pre-election and post-election matter.

Moreover, Falana critiqued Justice Agim's commentary on the Court of Appeal's decision regarding the dismissal of Plateau State legislators, asserting that the Supreme Court should have refrained from commenting on matters not directly before them. He highlighted the constitutional provision in section 246(3), which deems the decisions of the Court of Appeal in legislative election appeals as final.

Addressing the plight of the sacked PDP legislators, Falana dismissed suggestions for them to seek a review, deeming it a futile endeavor. He stated, “The legislators who lost their seats cannot approach the Court of Appeal or any other court to reinstate them.”

In navigating the intricacies of legal interpretation, Falana's critique sheds light on the evolving landscape of electoral jurisprudence in Nigeria. As the debate continues, the legal community awaits further developments, and citizens gain valuable insights into the delicate balance between judicial decisions and constitutional provisions.

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