By Sunday Ejike Benjamin
The Supreme Court on Friday upheld the election of governors Rochas Okorocha of Imo state and Emmanuel Uduaghan of Delta state in the April 26, 2011 governorship election.
Delivering the lead judgment in the Imo appeal, Justice Sylvester Ngwuta held that the Court of Appeal failed to comply with Section 285 (7) of the Constitution which requires the court to hear and dispose of the appeal within 60 days, when it gave reasons for its judgment after 73 days.
It further held that the Tribunal delivered its judgment on November 11 2011 and the Appeal Court delivered its own on January 6, 2012 but gave its reasons on January 24, 2012 which is outside the 60 days stipulated by the Constitution.
In striking out the appeal, the court held that the judgment of the Imo State Governorship Election Petitions Tribunal, which earlier upheld Okorocha’s election subsisted.
In the Delta appeal, the court, through Justice Tanko Mohammed who read the lead judgment held that the Court of Appeal gave reasons for its judgment 72 days after it delivered it contrary to the 60 days provision of the Electoral Act. The court however upheld the decision of the tribunal which affirmed Uduaghan’s election.
Meanwhile the apex court has fixed March 5, 2012 to hear the appeal filed by the Bauchi state gubernatorial candidate of the Congress for Progressive Change (CPC), Alhaji Yusuf Maitama Tuggar in April 2011 governorship election in Bauchi state. Tuggar is seeking the court to unseat Governor Isa Yuguda as the winner of the poll.
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