The Peoples Democratic Party (PDP) has again lost an appeal for extension of time to file a reply to petitions raised by another Action Congress of Nigeria (ACN) candidate for the House of Representatives polls.
It had lost similar appeal for more time to file a reply in reaction to petitions raised by ACN Board of Trustees member and House of Representatives candidate for Akpabuyo/Bakassi/Calabar South federal constituency in last April polls, Barr. William Ballantyne.
The latest loss came when the Court of Appeal confirmed the decision of the lower tribunal which had earlier thrown out its application for extension of time to file a reply to petitions raised by Barr. Eyo Nsa Ekpo, ACN candidate for Calabar Municipality/Odukpani federal constituency in last April polls.
Barr Ekpo had challenged the emergence of Mrs. Nkoyo Toyo, former Nigeria’s former ambassador to Ethiopia at the polls, alleging large-scale irregularities and collusion by the PDP and Independent National Electoral Commission (INEC) to wangle the election in her favour.
But PDP had failed to file its reply to the petitions by Barr. Ekpo at the Elections Petitions Tribunal within the stipulated mandatory period of 21 days, and 14 additional days as prescribed by law. Following the development, Justice Garba Mohammed Nabarum last month ruled out the possibility of the PDP and INEC filing in their replies, stating that the law was sacrosanct on the issue of time.
In attempt to fault the Nabarum-led tribunal’s ruling, the party filed an appeal, praying the Court of Appeal in Calabar to grant it more time to file its appeal to the issues raised in the petitions by the ACN candidate. But PDP’s appeal failed the ‘litmus test’ as the Justice Oredola-led Court of Appeal in Calabar, Cross River State, upheld the decision of the lower tribunal by dismissing the application of the PDP to file a reply.
Justice Oredola, in his ruling which was read by Justice Akas, threw out PDP’s application, averring that the tribunal was time-bound and, therefore, could not be dragged backwards. He cited section 285[6] of the 1999 constitution as amended and Paragraphs 10 and 12 of the Electoral Act which gave respondents 21 days at the initial time, and 14 days after entering appearance, and stated that the law was sacrosanct on the matter.
Justice Oredola had recently, in similar matter brought before it by the PDP over the petitions of House of Representatives candidate for Akpabuyo/Bakassi/Calabar South federal constituency, Mr. Ballantyne, ruled that the PDP could not file its reply having exhausted the time frame available to it by law.