BY PETER DURU
MAKURDI – The Appeal Court sitting in Makurdi, Benue State yesterday dismissed the motion filed by the defeated Action Congress of Nigieria, ACN, candidate in the last gubernatorial election in the state, Prof. Steve Ugbah, challenging the dismissal of his petition against the election of Governor Gabriel Suswam, of the Peoples Democratic Party, PDP, by the State Governorship Election Petition Tribunal.
The Election Petition Tribunal had dismissed Ugbah's petition on the grounds that the 180 days prescribed by the 1999 Constitution for the disposal of matters arising from the said election had elapsed.
But not satisfied with the judgment of the tribunal, Prof. Ugbah challenged the ruling at the appellate court asking for a reversal of the judgement citing an earlier ruling by the Supreme Court which reverted the matter to the tribunal for it to be heard on it's merit.
However, delivering judgment on the matter, Justice Dogongabn-Mensem of the Court of Appeal upheld the judgement of the tribunal stating that once the time frame allowed by law for the hearing of petition had expired the hands of the courts remains tied.
According to him, the order by the Supreme Court for the tribunal to try the case on its merrit at the time, was made in vain, as such order was made when the petition was no longer alive, adding that the time allowed for the adjudication of the matter had elapsed in line with the provisions of the 1999 Constitution.
The Appeal Court said that further adjudication on the matter would amount to an academic exercise that would end up in futility, adding that, the appeal was misconceived and upheld the preliminary objection raised by the Governor Suswam's counsel. He consequently struck out the matter.
Vanguard Nigeria