Dr. Kemdi Opara & Ors V. Hon. Bethel Amadi & Ors (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TUNDE OYEBAMIJI AWOTOYE, J.C.A. (Delivering the Lead Ruling)

This is the ruling in respect of the motions on notice filed by the Respondents in Appeals Nos. CA/OW/EPT/55 – 60/2011.

Each of the said appeals has lapsed by virtue of the operation of Section 285(7) of the Constitution. This is not being contested by the Appellants. The arguments of the counsel in the consolidated appeals are substantially the same and can be captured from the arguments of counsel in CA/OW/EPT/60/2011.

The Respondents/Applicants had each prayed for the striking out or dismissal of the appeal on the ground that they had lapsed by operation of Section 285(7) of the 1999 Constitution.

In Appeal No. CA/OW/EPT/60/2011 Dr. Kemdi Opara V. Hon. Bethel Amadi & Anor. the judgment appealed against was delivered on 18/11/2011. The appeal was filed on 21/12/2011. As at 26/1/2012 when the appeal came up for hearing the appeal was 66 days contrary to the provision of Section 285(7) of the Constitution which provides for days as the time limit within which to hear and dispose of an election petition appeal. Hence the applications.

Learned counsel for the 1st Respondent Aikhunegbe A. Malik formulated one issue for determination to wit:

“Having regard to the clear and unambiguous provisions of Section 285(7) of the Constitution (as amended) coupled with decisions of the Supreme Court interpreting the said section, whether or not this Honourable Court still has the jurisdiction to entertain the appeal.”

This in my respectful view is the sole issue to be determined in all the said applications in these consolidated appeals. Learned counsel in all the applications relied on the Supreme Court cases of –

(i) ANPP v. ALHAJI MOHAMMED GONI & ORS. (Consolidated suit No. SC. 1/2012 and SC.2/2012) judgment delivered on Friday 17/2/2012 by the Supreme Court.

(ii) MALLAM ABUBAKAR & 2 ORS v. SAIDU USMAN NASAMU & ORS. in consolidated Appeal Nos. SC/4/2012, SC14A/2012, SC/14B/2012, SC/14C/2012 delivered on 24/2/2012.

(iii) SHETIMA & ANOR v. GONI in consolidated suit Nos. SC/332/2011, SC/333/2011, SC/352/2011 delivered on 31/10/2011.

(iv) CHIEF DR. FELIX AMADI & ONE OTHER AFRICAN POLITICAL SYSTEM (APS) v. INEC & ORS.

Each of the Respondents urged the court to strike out the appeal for the above reasons.

Learned senior counsel, Chief M. I. Ahamba, SAN opposed the application. His robust submissions in opposition to the application encapsulate the equally strong submissions of other learned counsel for the Appellants in other appeals constituting part of these consolidated appeals.