Borno Poll: Supreme Court Adjourns for Judgment

Nnamdi Felix / Abuja

A five- man panel of Nigeria’s Supreme Court has fixed 17 February to deliver judgment on a consolidated appeal instituted by Governor Kashim Shettima of Borno state and his party, the All Nigerian Peoples Party, ANPP, challenging the decision of the Court of Appeal which upturned the victory they secured before the state’s Governorship Election Petition Tribunal. The latter had dismissed the petition filed by the Peoples Democratic Party, PDP, and it’s candidate at the last April, 2011 governorship election, Alhaji Mohammed Goni.

The Court of Appeal had, last December, ordered for a fresh hearing of the PDP’s petition by another panel on the grounds that the decision of the Election Petition Tribunal was wrong in holding that the PDP and her candidate in the election 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.

At today’s proceedings before the apex court, counsel to Governor Shettima, Dr. Alex Izinyon, a senior advocate of Nigeria, urged the court to allow their appeal and upheld the decision of the Tribunal.

He told the court that the decision of the Court of Appeal which ordered for a fresh trial runs contrary to the provision of the law which stipulates a period of 180 days for the hearing of any petition arising from the conduct of governorship election as it will open the gates for the Peoples Democratic Party and Alhaji Mohammed Goni to attack a ruling made by the Tribunal to the effect that the petitioners failed to comply with the procedure for pre trial conference. He pointed out that the petitioners did not file any interlocutory appeal against that ruling and cannot be allowed to do so now through the gate opened for them by the Court of Appeal’s decision.

He further argued that the decision of the Court of Appeal amounts to re writing the legislation by extending the time for completion of petitions to another 180 days.

Arguing in a similar vein, Alhaji Yusuf Ali, also a senior advocate of Nigeria and counsel to the All Nigerian Peoples Party, ANPP, posited that the Court of Appeal lacks the power to undue the amount of time provided for the hearing of an election petition contrary to what has been provided for under section 285 (6) of the Electoral act.

He maintained that above section which provides for a 180 days time frame for election cases to be completed cannot be amended through the Rules of the Court of Appeal.

On their part, the petitioners through their lawyers led by Mr. Tayo Oyetibo, a senior advocate of Nigeria, urged the court to adopt a harmonious interpretation of the provisions of section 285 (6) of the Electoral Act and that of section 246 of the Constitution and submitted that merely saying that the period for the hearing of a petition had elapsed and denying a petitioner fair hearing will create an absurdity.

He pleaded with the court to uphold the decision of the Court of Appeal and order parties to return to the tribunal where a fresh panel will be constituted to hear their petition afresh.

The Independent National Election Commission, INEC, represented by Mr. Paul Erokoro while maintaining a somewhat neutral position in the matter, stated that the amendment of the constitution which stipulated time for completion of election petition cases was to bring to an end a situation where a petition will still be pending throughout the duration of the tenure of the office of the occupant of the office.