Court Strikes Out PDP Petition

The Appeal Court Panel sitting in Enugu has struck out a petition brought before it by candidate of the Peoples Democratic Party (PDP) in the last senatorial election in Anambra South District, Senator Andy Uba, asking it  to set aside the December 22, 2011 verdict that nullified his election.

Chairman of the panel, Justice Abdulkadir Jega, who delivered the unanimous judgment said the 60 days provided by section 285 sub section 7 of the 1999 Constitution of the Federal Republic of Nigeria as amended for disposal of election petition matters had elapsed.

Jega held that any law that is inconsistent with the mentioned section of the constitution is a nullity, adding that no court has powers to extend the time allotted by section 285 by even a second.

He explained that Sundays, Public Holidays as well as court vocations were included in the  60 days.

Justice Jega, however, stated that  there could be consideration if the last day of the 60 days fall on a Sunday or a public Holiday.

He further  maintained that the court cannot make any order on Uba’s application  because he failed to file it within the 60 days as stipulated by the law.

The court, therefore, dismissed the application and struck it out  with no cost.

Earlier, while adopting his written addresses, counsel to Senator Andy Uba, Arthur Obi Okafor,  had told the court that the complient his client brought before it was a constitutional matter.

He argued that since the judgment that nullified Uba’s election breached the constitution, there was need to make the constitution supreme.

Okafor, therefore prayed the court to grant his application seeking the setting aside of the verdict against him on the ground that it did not comply with section 285 subsection 7 of the Constitution.

But, counsel to Nzeribe, Obiorah Obianwu, urged the court  to strike out Uba’s application and uphold his preliminary objection on the ground that the application lacked jurisdiction to entertain the matter.

Towing the same path with the applicant, counsel to INEC, Onyechi Ikpeazu, urged the court to strike out the preliminary objection and reminded the Tribunal that the  complaint before it was a constitutional matter.