The Supreme Court has affirmed the election of governors, Emmanuel Uduaghan of Delta state and Rochas Okorocha of Imo state in an election petition brought before it for April 2011 elections.
Justice Sylvester Ngwuota who delivered the judgment on Friday on behalf of the three man panel dismissed the two applications against the governors for lack of competence.
Citing Section 285 of the Electoral Act, Justice Ngwuta held that the Court of Appeal is not competent to give a judgment of a suit and different reasons for a later date outside the 60 days stipulated by law.
He also says that a judgement and its reasons are one and the same and since the reason for the judgment did not come within the time frame allowed by the law it is a nullity and therefore cannot stand.
He therefore struck out the appeals and upheld the rulings of the election tribunals in both Imo and Delta state which ruled in favour of governor Emmanuel Uduaghan and Rochas Okorocha respectively.
The appeal against the election tribunal for Delta state was filed by Mr. Great Ogboru of the People’s Democratic Party (PDP) while that of Imo state was by Ikedi Ohakim of the PDP.
Counsels to both Udughan and Okorocha praised the judiciary for its forthrightness and for ensuring that justice is not just delayed or denied but seen to have been done.
However counsel to Mr. Ohakim said he will abide by the rulings of the court but that of Mr. Ogboru expressed his dissatisfaction with the ruling noting that the real problem I with the Electoral Act. “Even though we are bound by the judgment, it is not satisfactory and there is a need for the national assembly to amend the Electoral Act, because if they fail to do so, parties in suits such as this will continue to suffer” he said.