An order of the Supreme Court for the Borno State Governorship Election Petitions Tribunal to continue its work from where it left off was thwarted yesterday when the tribunal was dissolved by the Court of Appeal minutes before it resumed sitting in Abuja. The dramatic dissolution order was handed down with only three days left before the 120 days stipulated by the Constitution for the conclusion of the case lapses. On Monday last week, the Supreme Court had granted Governor Kashim Shettima's appeal and discharged the arrest order on the tribunal's proceedings earlier granted by the Jos Division of the Court of Appeal. The apex court ordered that "the parties should return to the tribunal to continue with the proceedings from where they stopped."
However, when the litigants and their lawyers as well as newsmen arrived at the venue of its sitting yesterday, the tribunal's secretary, who spoke through its registrar, told all of them to disperse because he had received directives from the Chief Registrar of the Court of Appeal to dissolve the panel. The Secretary said he was directed by the registrar of the Court of Appeal to inform parties in the matter that the panel had been dissolved and as such it could not sit.
Yesterday's sitting of the tribunal was meant to rule on applications filed by all respondents asking the court to quash the petition and another application filed by the Peoples Democratic Party (PDP) seeking extension of time.
PDP's candidate in last April's governorship election in Borno State Alhaji Muhammadu Goni had filed a petition challenging the victory of the All Nigeria People's Party (ANPP) candidate, Alhaji Kashim Shettima. Just before the tribunal delivered its ruling, the PDP and its candidate went to the Appeals Court in Jos and obtained an order stopping the tribunal from further sitting or delivering judgment. ANPP, Governor Shettima and the Independent National Electoral Commission (INEC) then went to the Supreme Court challenging the Appeal Court's arrest order. On Monday last week, the Supreme Court ruled that the Appeals Court had no right to stop the tribunal from sitting, and consequently struck out the interim order that the Appeal Court granted PDP and its candidate. The apex court held that the appeal filed by the PDP and Goni was a mere academic exercise in view of the absence of jurisdiction and the 60 days period provided by Section 285(7) of the 1999 constitution to determine the case.
Governor Shettima, through his counsel Yusuf Ali (SAN) had prayed the court to hold that the stay of proceedings granted by the Court of Appeal, Jos was illegal.
He argued that it was contrary to the mandatory provisions of the Election Tribunal and Court Practice Direction (2011) made by President of the Court of Appeal for the regulation of proceedings before the tribunal which forbids granting of stay of proceedings on an interlocutory appeal. Counsel to PDP and its candidate, Lateef Fagbemi (SAN) and Joe-Kyari Gadzama (SAN) said they proceeded to the Court of Appeal in order to ensure that their case before the election petition tribunal does not become extinct on November 13, 2011.
Daily Trust learnt yesterday that Governor Kashim Shettima's counsel Alex Izinyon [SAN] had petitioned the Acting President of the Court of Appeal following yesterday's order to dissolve the tribunal. In it, he expressed surprise that the tribunal had been disbanded when his side neither protested against it nor received a protest against it from the other side. Izinyon said, "Appeal number SC/352/2011 by the petitioners at the Supreme Court was dismissed. In the said appeal they had invited the Supreme Court to invoke all its powers under Section 22 of the Supreme Court Act to hear the appeal as that of the Court of Appeal, Jos Division. One of the reliefs before the Court of Appeal is the disbandment of the panel and for a new panel to be set up. Now that the Appeal No. SC/452/2011 was dismissed, that relief goes with it. How can it now be granted administratively?"
He also said, "The administrative order to dissolve the panel is a clear violation of the Supreme Court order at page 43 of the judgment. There was no cross appeal to the Supreme Court or any other contrary order that this panel be disbanded. The administrative order amounts to an arrest of a ruling in which the Supreme Court deprecated the Court of Appeal, Jos Division for arresting the pending ruling."
INEC's counsel Paul Erokoro (SAN), who expressed surprise at the dissolution of the panel, said no reason was given to parties in the suit. Efforts by newsmen to get a clarification from the President of the Court of Appeal, Justice Dalhatu Adamu pertaining to the reasons for the dissolution of the panel proved abortive as he was said by his officials to be engaged.
Attribution: Compass, DailyTrust, Guardian & NewsWatch.