Revived Borno Tribunal Favours Incumbent

The tribunal was resuscitated by a counter order issued by  the Chief Justice of Nigeria, Justice Dahiru Musdapher.

The panel dismissed the petition on the grounds that it fell short in complying with the provision of Paragraph 18 (1)(2) of the First Schedule of the Constitution which provides for a period of 7 days after pleadings for a petitioner to formerly apply for the commencement of hearing of his or her petition.

PDP and its candidate at the Borno state Governorship election had earlier brought an application praying the Tribunal to extend time for them so that their petition could be heard and determined on its merit, the application was however protested by the All Nigerian Peoples Party and Governor Shetima.

The Governor and his party had argued that the statutory provisions guiding the validity of an election petition as contained in both the Nigerian Constitution and the Electoral Act as amended, must be complied with by all and not to be flouted and called on the tibunal to give effect to these provisions by dismissing the PDP’s petition.

The 2 man panel in their decision agreed with the Governor and his party and held that the statutory 7 days period required by the law within which the petitioners ought to kick start the proceedings through a formal application for commencement of hearing in their petition had elapsed and denied the application for extension of time brought by Goni and the PDP.

The decision of the panel which ought to have been delivered last Thursday was arrested by the Justice Dalhatu Adamu, the Court of Appeal President who issued a directive disbanding the panel. No reason was given for the dissolution of the panel before another directive from the Chief Justice of Nigeria reinstated them.

The other member of the panel present at today’s proceedings was Justice A. N Awulu. While Justice W. A Kintoroye, the third member of the panel was absent.

An elated Governor Shettima who was present at the proceedings called on Goni and others to join hands with the government to bring about solutions to the manace of Boko Haram which the Governor believes to a product of mis governance which the state had experienced in the past.

The venue of the court’s proceedings was already bursting at its seams as early as 7:00 am with supporters of Governor Kashim Shettima of the All Nigerian Peoples Party, ANPP, and those of the Peoples Democratic Party, PDP, Alhaji Ibrahim Goni, who was not present at the court.

Tribunal’s location was shifted from Maiduguri, the state capital to the Federal Capital city in the wake of series of bomb attacks by the raging Boko Haram Islamic sect.

Goni and the  Peoples Democratic Party last week approached the Supreme Court seeking  an order to stop the Tribunal from delivering judgment on their petition.

The Apex Court in it’s ruling held that the Appeal filled by the People’s Democratic Party and its candidate had become a mere academic exercise in view of the absence of jurisdiction and time allowed by sixty days as provided by section 285(7) of the 1999 constitution to determine the said appeal.

By Nnamdi Felix / Abuja