Jonathan, PDP Lose Bid To Stop CPC’s Petition

Ahead of the scheduled delivery of judgment by the Presidential Election Tribunal slated for Tuesday, 1st November, 2011, a last minute attempt by President Goodluck Jonathan and his party, the Peoples Democratic Party, PDP, to abort the petition filed by the Congress for Progressive Change, CPC, challenging their victory at last April’s Presidential election collapsed on Monday at the Supreme Court.

The apex court struck out the appeal filed by the President, the Independent National Electoral Commission, INEC, and the Peoples Democratic Party, PDP, over an earlier ruling of the tribunal on 14th July, which accepted CPC’s petition filed on a Sunday which sought to upturn President Goodluck Jonathan’s election, as competent and proper in law.

A 5-man panel of the apex court headed by Justice Walter Onnoghen, while dismissing the President’s appeal held that the appeal is no longer alive because it has stayed more than 60 days contrary to Section 285 (7) of the Constitution as amended.

He further held that since the appeal is dead, it has become an academic exercise, adding that section 285 (7) mandated that kind of appeal to be determined within 60 days and that it is coming after the specified number of days hence it cannot be regarded as being alive.

The court therefore struck out the appeal for lacking in merit.

With this ruling of the Supreme Court, the President’s fate will be decided by the Presidential Election Tribunal which will deliver its judgment Tuesday.

By Nnamdi Felix / Abuja