President Goodluck Jonathan and the Independent National Electoral Commission (INEC) yesterday berated the Peoples Democratic Party (PDP) over its appeal that the petition filed by the Congress for Progressive Change (CPC) should not be entertained because it was filed on Sunday, a public holiday.
Both President Jonathan and the PDP have appealed against the ruling of Justice Ayo Isa Salami, the suspended President of the Court of Appeal, to the effect that CPC petition was in order even though it was filed on Sunday.
PDP said the Supreme Court should allow the appeal hold by removing the vacation period and the public holidays from the statutory 60 days.
PDP lead counsel Chief Joe Gadzama (SAN) said section 285 of the 1999 constitution cannot shut out hearing of the appeal case by the time the vacation period and the public holidays are removed.
But President Jonathan, through his lead counsel Chief Wole Olanipekun (SAN), openly disagreed with PDP position, adding that "in all clear conscience, the appeal case is dead and I will not subscribe to illegality that the appeal case was alive and should be heard."
Olanipekun told the apex court that it has no power to set aside a provision of the constitution but should rather make recommendation to the National Assembly to make section 285 clearer.
Also, the Independent National Electoral Commission (INEC) adopted the submission of Olanipekum and asked the apex court to throw out the PDP case.
The position of President Jonathan was adopted by CPC legal team in the submission that the PDP appeal case was dead by virtue of section 285 and should not be entertained.
Chief Dipo Okpeseyi (SAN), leading the legal team for CPC, said section285 provides that all appeals shall be disposed of within 60 days from the day of judgment.
He paid glowing tributes to Olanipekun for upholding the constitutional provision in spite of having an interest to protect in the appeal case if heard.
Justice Walter Onoghen, who presided over the matter fixed ruling for Monday on whether the appeal case was dead or alive.
President Jonathan and his party, the PDP had gone to the Supreme Court to challenge the competence of the petition of the CPC which is still before the Presidential Election Petition tribunal.
DailyTrust