Judgment day for Jonathan, Buhari •As Supreme Court rules on 2011 presidential election

Posted by admin CPC (Congress 4 Progressive Change), Elections 2011, Goodluck Jonathan (2010-present), Muhammadu Buhari (1983-85), National Politics, Party Politics, Peoples' Democratic Party (PDP), Presidency, Top Stories Monday, October 31st, 2011

THE Supreme Court will today decide whether to strike out the appeals filed by President Goodluck Jonathan, the Independent National Electoral Commission (INEC) and the Peoples Democratic Party (PDP) against a ruling delivered by the presidential election petitions tribunal on July 14, which held that the petition filed on a Sunday by the Congress for Progressive Change (CPC), seeking to upturn President Jonathan’s election, is competent and proper in law.

President Jonathan and the PDP had last week expressed divergent views on whether the appeal filed against hearing of the petition of the CPC should be heard or not.

While the PDP, which filed the appeal stood its grounds that the case was still alive, the president said that it was dead and should not be heard, having been filed outside the mandatory 60 days provided by the constitution.

The appeal arose from the July 14 ruling by the suspended president of the Court of Appeal, Justice Isa Ayo Salami, to the effect that the CPC petition was in order, even though it was filed on a Sunday, a non-official working day.

The PDP had asked that the petition be thrown out by the tribunal on the grounds that it was filed on a non-official working day but the tribunal ruled against the party.

However, with its appeal coming after the stipulated 60 days, the PDP is asking the apex court to hear the appeal by removing the vacation period and the public holidays from the statutory 60 days.

A panel of the apex court headed by Justice Walter Onnoghen had, on October 20, consolidated the three appeals, paving the way for the ruling slated for today.

The chairman of the panel said the relevant question is, “is this appeal alive which has stayed more than 60 days contrary to Section 285 (7) of the 1999 Constitution as amended. If it is dead, there is no need to adjourn for further hearing.

“We have drawn your attention to section 285 (7) that mandated this appeal to be determined within 60 days.”

-Tribune