The Supreme Court yesterday fixed December 28 for judgment in the appeal by the Congress for Progressive Change (CPC) against the decision of the Presidential Election Petitions Tribunal which affirmed the victory of President Goodluck Jonathan and his deputy, Namadi Sambo in the April 16 presidential election.
The CPC had named the Independent National Electoral Commission (INEC) and its national chairman, Professor Attahiru Jega; President Jonathan and his vice, Sambo; the Peoples Democratic Party (PDP) and 36 Resident Electoral Commissioners as co-respondents.
The Chief Justice of Nigeria (CJN), Justice Dahiru Musdapher who headed a full panel of the apex court to hear the CPC appeal, yesterday, had Justices Mahmud Mohammed, Walter Onnoghen, John Fabiyi, Olufunlola Adekeye, Bode Rhodes-Vivour and Sylvester Ngwuta as members.
In line with section 285 (7) of the amended constitution, the apex court had up till December 30 to deliver judgment in the CPC appeal but fixed December 28 to make its pronouncement on it after all the parties in the matter had argued and adopted brief of their argument.
Section 285 (7) specifically states that: “An appeal from a decision of an election tribunal or court of appeal in an election matter shall be heard and disposed of within 60 days from the date of the delivery of judgment of the tribunal or Court of Appeal.”
While adopting their brief of argument, the CPC insisted before the Supreme Court yesterday that Jonathan and his deputy, Sambo were not duly returned.
Justice Kumai Bayang Akaahs who led Justices Mohammed Garba, M.A Owoade, Igwe Aguibe, and Obande Ogbunya at the Presidential Election Petitions Tribunal on November 1, however held that the presidential election of April 16 was free and fair; and therefore dismissed CPC’s petition in its entirety for lacking both in merit and substance.
Almost immediately after the judgment of the Court of Appeal, the CPC lodged an appeal at the apex court, asking the apex court to upturn the judgment.