The lead Justice, Elfrieda Williams-Dawodu, in her ruling yesterday, ordered the Independent National Electoral Commission to issue a Certificate of Return to the candidate of the All Progressive Congress, Nentawe Goshwe.

Justice Williams-Dawodu set aside the judgment of the Tribunal which affirmed the election of Governor Mutfwang, describing it as highly incompetent.

According to the court, the decision of the tribunal to dismiss the petition filed by the APC and its candidate on the ground that the duo had no business meddling in the affairs of the Peoples Democratic Party on which platform Mutfwang was elected is in breach of Section 177 of the 1999 Constitution as amended and Section 134 (C) of the Electoral Act.

The court also held that contrary to the decision of the tribunal that the issues contained in the petition filed by the appellants were pre-election matters, they were both pre-election and post-election matters and could not have been deemed status barred.

Citing section 177 of the Constitution, the panel noted that Mutfwang was not validly sponsored by the PDP during the election.