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Supreme Court strikes out ACN’s petition against Akpabio

The Supreme Court has thrown out a petition by the Action Congress of Nigeria (ACN), asking the apex court to order a re-trial by governorship … Continue reading Supreme Court strikes out ACN’s petition against Akpabio


The Supreme Court has thrown out a petition by the Action Congress of Nigeria (ACN), asking the apex court to order a re-trial by governorship election tribunal for the April 2011 in Akwa Ibom state.

The petition was struck out for failing to be submitted within the 180 days deadline stipulated by the Electoral Act by a seven man panel of the apex court led by Justice Christopher Chukwuma-Ene.

In the ruling of the panel delivered by Justice Mary Odili, the court held that Section 285[6] of the Constitution categorically states that a petition shall be served, heard and determined within 180 days starting from when the petition was filed.

In view of this provision, no court has the power to extend the 180 days to accommodate any petition.

The Court went further to say that the ACN’s application was a beautiful academic exercise but that it has been caught up by the section and therefore cannot be of help to the party; as such the case was struck out.

Being the last day available according to the Electoral Act for an election petition to be heard by the Supreme Court, the apex court heard this suit and determined it at the end of a three hour hearing.

The Action Congress of Nigeria and its governorship candidate, James Akpan Udoedehen, in Akwa Ibom state for the April poll had prayed the apex court to order the election tribunal in the state to hear its petition since it was the same court that ruled that the case be returned to the tribunal for a fresh hearing.

The party prayed the court not to consider the expiration of 180 days stipulated by the constitution for a tribunal to hear a petition.

They argued that Section 36 of the Constitution gives the party a right to fair hearing  as such applying Section 285[6]  to their case will be  sacrificing the constitutional right  of an appellant to fair hearing.

The governor of Akwa Ibom state, Godswill Akpabio of the People’s Democratic Party, filed an objection to the application through his counsel, arguing that the right to a fair hearing can only be applicable where there is a case to be determined.

According to him in the present circumstance, the expiration of 180 days has made the petition invalid and dead, which also takes away the right with it, adding that since the case is a nullity the court even lacks jurisdiction to entertain the matter.

The Independent National Electoral Commission (INEC) however aligned itself with the governor based on the fact that the law must be strictly adhered to and since the case has been overtaken by time, the application sought by the action congress candidate cannot be sustained or given

This ruling by the apex court settled the matter as to who is the validly elected governor of Akwa Ibom state.