The Supreme Court, in two separate judgements, yesterday upheld the elections of Governors Rochas Okorocha of Imo State and that of Delta, Emmanuel Uduaghan in the April 26 gubernatorial polls.
Justice Sylvester Ngwuta and Justice Tanko Mohammed, who delivered the lead judgements in the Imo and Delta appeals respectively, declared as nullity, the decision of the Court of Appeal, but upheld the decision of the governorship election petition tribunal of the two states.
The tribunals in each of the states had separately upheld the victory of the two governors.
In the Imo appeal, Justice Ngwuta held that the Court of Appeal failed to comply with Section 285 (7) of the constitution which requires the court to hear and dispose of the appeal within 60 days, when it gave reasons for its judgement after 73 days.
It further held that the tribunal delivered its judgement on November 11, 2011 and the Appeal Court delivered its own on January 6, 2012 but gave its reasons on January 24, 2012, which is outside the 60 days stipulated by the constitution.
In striking out the appeal, the court held that the judgement of the Imo State Governorship Election Petitions Tribunal, which earlier upheld Okorocha's election subsisted.
Similarly, in the Delta appeal, Justice Tanko Mohammed who read the lead judgement, held that the Court of Appeal gave reasons for its judgement 72 days after it delivered it, contrary to the 60 days provision of the Electoral Act.
The court, however, upheld the decision of the tribunal which affirmed the election of Uduaghan.