The constitution limits the powers of the Supreme Court to hear the application challenging Governor Wada’s victory.
The Supreme Court on Monday dismissed the appeal filed against the victory of Governor Idris Wada of the People’s Democratic Party, PDP, in the 2011 gubernatorial elections in Kogi State.
The candidate of the Action Congress of Nigeria (ACN) in the 2011 governorship election, Audu Abubakar, had on August 2, challenged the July 14 confirmation of Mr. Wada’s election by the Court of Appeal.
Delivering the lead ruling, Justice Mahmud Mohammed held that the Constitution barred the court from granting the application.
Mr. Mohammed said that Section 236 (7) of the constitution, and paragraph 1 of the practice direction of 2011 placed limitation status on all election matters.
He held that the application was not filed within the stipulated 14 days after the delivery of the July 14 judgement by the appellate Court.
“Even if the Court is disposed to applying discretion, the applicant failed to substantially adduce reasons why the notice of appeal was not filed within time,” Mr. Mohammed ruled. “After all, it is on record that the applicant got the certified true copy of the judgement two days to the expiration of the period.”
“It is therefore clear that the minimum requirement for the appeal has not been fulfilled,” the apex court ruled.
The ACN candidate, Mr. Abubakar, had prayed for an extension of time within which to file his notice of appeal, a prayer the Supreme Court rejected.
This decision by the Supreme Court compelled the counsel to ACN, Muiz Banire, to withdraw a similar application filed by the party.