SUPREME COURT SACKS KEBBI GOV
The Supreme Court yesterday brought the tenure of Governor Usman Sa'idu Dakingari of Kebbi State to an abrupt end when it nullified his election and ordered a fresh election to be conducted by the Independent National Electoral Commission (INEC) within 90 days from the date of the judgment.
This is the second time that a court would nullify his election since assuming office as governor of the state on the platform of the Peoples Democratic Party (PDP).
The Governorship Election Petition Tribunal first nullified Dakingari's election before the Court of Appeal upturned the decision in his favour, upon an appeal.
In a unanimous judgment yesterday, the Supreme Court said the Court of Appeal, not being a final court in the determination of appeals arising from the conduct of governorship election, exceeded the statutory period of 60 days within which it is expected to give its final verdict on the appeal.
The apex court, accordingly, declared that the appellate court lacked the power to deliver judgment and defer the reasons for its decision, more so, to a date, which is outside the mandatory 60 days prescribed by Section 285 (7) of the Constitution Justice Samuel Walter Onnoghen, who read the judgment of the court, blamed the failure of the Sokoto Division of the Court of Appeal, which had earlier upturned the decision of the Kebbi State Election Petition Tribunal to have proffered reasons for its judgment while delivering it.
The apex court specifically held that the appeal court had only 60 days within which to dispense with the appeal in terms of the judgment and the accompanying reasons beginning from the date of filing the appeal.
In the instant case, the decision of the appeal court was given on December 29, 2011 but it deferred the reasons for its decision to January 23, 2012, a date which the apex court held was clearly out of the 60 days prescribed by section 285 (7) and (8) of the nation's constitution as amended.
'It is obligatory for the Court of Appeal and the Supreme Court to dispose an appeal within 60 days from the date of the decision being appealed, section 285 (7) implies that both the decision and the reasons for that decisions, must be completed within the stipulated time. Any decision without a reason is no decision at all. The judiciary has no option than to work within the time frame provided by the law,' the apex court said.
Consequently, the Supreme Court allowed the appeal of the candidate of the Congress for Progressive Change, CPC, Abubakar Malam Abubakar, who challenged the validity of the decision of the Court of Appeal and declared the Court of Appeals decision invalid and a nullity.
Meanwhile, the Peoples' Democratic Party has expressed shock over the Supreme Court's judgment. Reacting to the judgment, in a statement issued yesterday, in Abuja, through the national publicity secretary, Professor Rufai Ahmed Alkali, PDP appealed to its teeming supporters in the state to remain calm and assured the party faithful that it would prepare ahead to win the re-run election.
'The Peoples Democratic Party has received with great shock the verdict of the Supreme Court, which nullified the election of our governor in Kebbi State, His Excellency, Alhaji Saidu Usman Dakingari. While our faith in the judiciary remains unwavering, we are deeply concerned with the trend of judgments some of which breed unnecessary tension and instability.
'The National Chairman of the Peoples Democratic Party Alhaji Abubakar Kawu Baraje, on behalf of the National Working Committee (NEC) and the entire members of the PDP is deeply touched by this temporary setback, but calls on all our teeming supporters in Kebbi State to remain calm, law abiding and continue to support the Peoples Democratic Party which remains the most formidable and purposeful political party in Nigeria.
'We however, wish to commend Alhaji Dakingari for all his efforts in the courts and urge him and his team in the State to be steadfast, courageous, while the Party prepares for a re-run elections which God willing, we shall win.'