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Defunct ACN Asks Court To Void Own Benue Guber Poll Judgment

The defunct Action Congress of Nigeria (ACN) has again approached the Supreme Court to renew its legal battle against the 2011 governorship election of Mr. … Continue reading Defunct ACN Asks Court To Void Own Benue Guber Poll Judgment


The defunct Action Congress of Nigeria (ACN) has again approached the Supreme Court to renew its legal battle against the 2011 governorship election of Mr. Gabriel Suswan as Benue State Governor.

The party, which has fused with others to form the All Progressives Congress (APC), asked the apex court to reverse its judgment, which early in the year gave the judicial nod to the election of Suswan of the Peoples Democratic Party (PDP) as the elected governor.

The party, in the new motion filed by Mr. Rotimi Akeredolu, is calling for the reversal of judgment on the ground that it was wrong.

Akeredolu claimed that the verdict sought to be reviewed deprived Professor Steve Tarkuma Ugba, the ACN candidate in the poll, justice.

He attempted to move a motion for leave of the court to change the name of ACN to APC to reflect the new status of the party.

However, the move was thwarted by the presiding Justice Mahmoud Mohammed who drew his attention to the fact that a panel of seven justices gave judgment in the case and that it would be abnormal for a five-man panel to set aside the decision of the higher panel.

Justice Mohammed said that under the practice of the court, there was no provision for a five-man panel to subject the decision of seven-man panel to any review.

He then asked Akeredolu to write formally to the Chief Justice of Nigeria to ask for a full panel to adjudicate over the matter.

Responding counsel to governor Suswan, Mr Damian Dodo, had informed the court of the failure of the applicant to do the right thing in the issue, especially on the refusal to display the judgment being sought to be reviewed.

The case was adjourned indefinitely till a full panel is constituted.

The apex court had on two occasions ruled against ACN and its candidate on the governorship election that their action was statue barred.