The reconstituted Elections Petition Tribunal sitting in Makurdi, Benue State yesterday, dismissed the petition filed by the governorship candidate of the Action Congress of Nigeria (ACN), Prof. Steven Ugba challenging the election of Governor Gabriel Suswam of the Peoples Democratic Party (PDP).
The new tribunal also struck out the petition of the All Nigeria Peoples Party (ANPP) in the state, Prof Daniel Saror against the re-election of Governor Suswam in the April, 2011 gubernatorial poll.
The Supreme Court sitting in Abuja, had on November 14, 2011 ordered the reconstituted governorship tribunal to retry afresh and on merit, the petition instituted against Suswam by Ugbah and his party, ACN on one hand and that of Saror and the ANPP on the other.
In a heated argument which lasted about five hours, lawyers to Governor Suswam led by Mr. Damian Dodo (SAN) filed an application, seeking an order of dismissal of the petition and said that the application was anchored on the decision of the Supreme Court, which, he said, had stipulated that no tribunal shall hear any petition after 180 days.
But lawyers to Prof. Ugba, led by Mr. Rotimi Akeredolu (SAN) told the tribunal that it had earlier ruled that it was not going to apply 180 days.
Akeredolu said the Supreme Court was specific and direct in its decision, and that, reversing the order by the tribunal on the basis of the respondent’s application would amount to total abuse of court process and judicial anarchy, as according to him, same application was still pending at the Court of Appeal and the Supreme Court.
Delivering a short consolidated ruling by the three-man panel, Chairman of the Tribunal, Justice Halima Mohammed ruled that the cases were similar to all the recent cases decided by the Supreme Court and added, “We have no jurisdiction to entertain these petitions otherwise. The issue of 180 days is a constitutional matter that cannot be protested. We therefore struck out the two petitions.”