The Supreme Court on Monday dismissed the appeal filed against the election of Idris Wada of the People’s Democratic Party (PDP) as the governor of Kogi State.
The candidate of the Action Congress of Nigeria (ACN) in the 2011 governorship election, Prince Audu Abubakar, had on 2 August, challenged the July 14 confirmation of Mr Wada’s election by the Court of Appeal.
Delivering the ruling, Justice Mahmud Mohammed held that the Constitution and the practise direction of the election barred the Court from granting the application.
The ACN candidate had earlier prayed for an extension of time within which to file his notice of appeal.
Justice Mohammed said that Section 236 (7) of the Constitution and Paragraph 1 of the Practice Direction 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 judgment 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.
“After all it is on record that the applicant got the certified true copy of the judgment two days to the expiration of the period.
“It is therefore clear that the minimum requirement for the appeal has not been fulfilled.
“Consequently, the appeal is not before the Court.’’
Justice Mohammed said that the objection raised by the respondents on the jurisdiction of the Court could be over-looked.
He added that “the prevailing circumstance bereft the Court of jurisdiction’’.
The PDP and the Independent National Electoral Commission (INEC) were the respondents in the suit.
