Judgment in Borno governorship appeal set for Oct. 31

Judgment in Borno governorship appeal set for Oct. 31
Chukwumerije Aja, Abuja

The Supreme Court has fixed October 31, 2011 to deliver judgment in the appeals pending before it in respect of Borno State Governorship election petition.

The Peoples Democratic Party (PDP) and its Candidate in the April 26, 2011 polls, Alhaji Mohammed Goni is challenging the victory of Alhaji Kashim Shettima (ANPP).

Before the judgment date was set, the court noted that the reason that it would adduce for the judgment might not be made available on the same day.

It was learnt that worries expressed by people over the delay in the hearing of the election petition in Maiduguri might not be unconnected with barely two weeks remaining for judgment in the matter, which is still at the pre-hearing stage.

Specifically, the apex court will on that date resolve three other consolidated appeals in respect of the election petition entitled, “BO/EPT/GOV/1/2011, which gave rise to the interlocutory appeals before the Supreme Court.

Governor Shettima had expressed confidence that “the Supreme Court as the ultimate arbiter on all judicial issues in the country, was peopled by men and women of impeccable credentials, adding: "we believe justice will be done”.

Constitute another panel

Governor Shetima in his appeal asked the apex court to set aside “an interim order stopping the trial tribunal from proceeding to deliver its ruling earlier slated for September 20, 2011”.

The Borno Chief Executive, through his leading counsel, Mr. Yusuf Ali (SAN) prayed the five man panel of the Supreme Court, chaired by Justice Walter Onnonghen to hold that the stay of proceedings granted by the court of appeal Jos was illegal.

Essentially, he stated that “the injunction was contrary to the mandatory provisions of paragraph 18 of the Election Tribunal and Court Practice Direction 2011, made by the President of the Court of Appeal for the regulation of proceedings before the trial tribunal, which forbids the granting of stay of proceedings on an interlocutory appeal”.

In view of the fore-going, he prayed the Supreme Court to set aside the ruling of the Court of Appeal, Jos and asked the apex court for “an order remitting this matter to a different panel of the Court of Appeal, constituted by the President of the Court of Appeal to be heard on its merit”.

Governor Shettima wants the Supreme Court to make an order directing the President of the Court of appeal to constitute another panel for the purpose of hearing the matter on its merit.

On the other hand, counsel to Alhaji Mohammed Goni and PDP, Lateef Fagbemi (SAN) and Chief Joe-Kyari Gadzama (SAN), said that they proceeded to the Court of Appeal in order to ensure that that their case before the election petition tribunal does not become extinct on November 13, 2011 pursuant to section 285 (6) of the 1999 constitution as amended.

"The appeal is dead"

“After the 13th of November, 2011, the appellant would have been shut out completely with regard to their challenge of the election into the office of the Governor and Deputy Governor of Borno State of Nigeria conducted on the 26th of April, 2011”.

In addition, Lateef Fagbemi (SAN), stressed that for the mere fact that an interlocutory application was before an appellate court does not mean that a substantive judgment had been entered by the tribunal to warrant the counting of the 60 days constitutional provision, within which the appellate court is supposed to resove the application in question.

According to him, ‘in the instant case, since the tribunal has not delivered judgment, the 60 days referred to in that section has not commenced.

In his submission, counsel to the Independent National Electoral Commission (INEC), Mr. Paul Erokoro (SAN), said that the appeal brought by Alhaji Goni of the PDP was statute-barred.

According to him, “the appeal is dead in the Court of Appeal and we cannot revive it here”.

Citing the law, he explained that “an appeal from a decision of an election tribunal shall be heard and disposed of within 60 days from the date of delivery of the judgment of the tribunal''.
Buttressing this position, he said, “the decision of the tribunal the appellant appealed from was given on 10th of August, 2011 and 60 days from the 10th August, 2011 is on 10th October, 2011”.

Uche Iheanacho
Edited: Hajia Sani