11 September 2012

Nigeria: Kogi Guber - Supreme Court Upholds Wada's Election

The Supreme Court yesterday dismissed the appeals filed by Action Congress of Nigeria (ACN) and its governorship candidate, Abubakar Audu, challenging the election of Captain Idris Wada as the Governor of Kogi State in the December 2011 governorship election.

The full panel of the apex court presided over by the Chief Justice of Nigeria (CJN), Justice Aloma Muhktar unanimously based its decision on ground that the appeal were out of time hence it lacked jurisdiction to entertain such.

Counsel to Audu, Charles Edomsomwan (SAN) had earlier prayed the court to allow the appeal submitting that the appeal was as of right and that the court should in the display of justice exercise its discretion in hearing the appeal.

He further submitted that filing the appeal outside the stipulated time was an error on his part adding that he thought that 21 days was provided for instead of 14 days. Counsel to PDP, Lateef Fagbemi (SAN) had brought a counter affidavit opposing the application for extension of time submitting that the court did not have jurisdiction to hear it in the first place as provided for by Section 285(7) of the 1999 Constitution as amended.

The apex court in its short ruling delivered by Justice Mahammed Mahmud held that court had to consider the provision of the Practice Directions 2011 to determine the fate of the applicants adding that such power to extend time for appeal of an election matter was not given to the court.

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