Peoples Democratic Party V. Sen. Daniel I. Saror & Ors (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

REGINA OBIAGELI NWODO, J.C.A. (Delivering the Leading Judgment)

The decision of this court in respect of this appeal was pronounced on the 2nd of February 2012 and the reasons reserved to a later date. I hereunder set out my reasoning in support of the decision. The Governorship Elections in Benue State was conducted by the Independent National Electoral Commission INEC, on the 26th of April, 2011. The Appellant, Peoples Democratic Party sponsored the 3rd Respondent as its governorship candidate while the 2nd Respondent sponsored the 1st Respondent as candidate of the All Nigerian Peoples Party.

The 4th Respondent at the conclusion of the general election returned the 3rd Respondent as the winner of the election on 27th April, 2011. The 1st and 2nd Respondents were not satisfied with the return of the 3rd Respondent, and preceded to the Governorship Election Tribunal sitting in Makurdi Benue State (hereinafter referred to as Tribunal) and filed a petition on 17 May, 2011 against the 3rd Respondent, Appellant and the 4th Respondent. The Appellant, 3rd and 4th Respondents in response filed separate Preliminary Objections challenging the competence of the petition.

The Tribunal considered the objection in upholding same, and dismissed the petition on 11th August, 2011. The 1st and 2nd Respondents dissatisfied with the decision of the tribunal appealed to the Court of Appeal vide Appeal No. CA/MK/EPT/12/2011. The Court of Appeal on 29/9/2011 set aside the Ruling of the Tribunal, dismissed the petition and ordered the hearing of the petition by a new panel. The Appellant and 3rd Respondent aggrieved appealed to the Supreme Court. The Apex Court dismissed the appeal on 28/11/2011 and affirmed the judgment of the Court of Appeal. Following the decision of the Supreme Court a new Governorship Election Petition Tribunal was constituted.

The new panel of the Tribunal commenced sitting on 22/11/2011, a period of about 189 days from 17/5/2011 when the petition was filed. As at 14/11/2011 when the Supreme Court heard the 1st and 2nd Respondents appeal and restored the order of the Tribunal the 180 days prescribed in Section 285(6) of the 1999 Constitution (as amended) had passed.

The Appellant filed a Motion on Notice objecting to the hearing of the petition on the ground that the Tribunal lacks jurisdiction to hear the petition outside the 180 days stipulated by Section 285(6) of the 1999 Constitution. The Tribunal dismissed the objection, and assumed jurisdiction. Hence the present appeal against the ruling of the Tribunal dismissing the objection to its jurisdiction.

The Appellant filed a Notice of Appeal on 8/12/2011 containing four grounds of appeal. Parties settled, filed and exchanged Briefs of Argument with the exclusion of the 3rd, 5th and 6th Respondents.

At the hearing of the Appeal on 2/2/2012, the learned Counsel for the appellant Chief A.A. Ochoga adopted the appellant’s brief filed on 10/1/12 settled by Chief Solo U. Akuma, MON, SAN. He urged the Court to allow the appeal.

Learned Counsel for the 1st and 2nd Respondents C.S. Orpin adopted the 1st and 2nd Respondents brief deemed filed on 2/2/12. He urged the Court to dismiss the appeal. The 4th Respondent’s Counsel N.D. Ter (Mrs.) adopted their brief of argument filed on 23/1/12. The 3rd, 5th and 6th Respondents did not file any brief.

In the Appellant’s Brief the following Issues were distilled for determination:-

(1) Whether the Governorship Election Tribunal sitting in Makurdi, Benue State was right to assume jurisdiction to hear and determine this petition after the expiration of the 180 days from the date the petition was filed. (Grounds 1, 2 and 3),

(2) Whether the order of the Supreme Court of 14h November, 2011 in Appeal No. SC, 360/2011, that this petition be heard on merits tantamount to an extension of time to hear the petition after the expiration of 180 days from the date it was filed. (Ground 4).”

The 1st and 2nd Respondents in their brief of argument formulated one sole Issue for determination. It reads thus:-

Whether the re-constituted panel of Governorship Election Tribunal has jurisdiction, in the light of the provisions of Section 285(6) of the 1999 Constitution, to entertain the petition after the expiration of 180 days calculated from the date of filing thereof”.