The Enugu Division of the Court of Appeal has ruled that the election petition tribunal in Awka acted properly in striking out the case filed by Professor Dora Akunyili and the All Peoples Grand Alliance (APGA) contesting the victory of Dr. Chris Ngige in the April 2011 senatorial election.
Last week, the appellate court had surprised some legal experts by agreeing to hear an appeal in which Professor Akunyili and APGA argued that a key provision of the electoral law requiring the disposition of all election cases within 180 days did not pertain to their case. Earlier, the election tribunal had dismissed Mrs. Akunyili’s petition on grounds of lack of jurisdiction. The tribunal invoked recent unambiguous rulings by the Nigerian Supreme Court to the effect that the 180-day provision could not be toyed with.
In its ruling delivered yesterday, the appeal court finally upheld the tribunal’s decision. The appellate panel stated that the appeal gravely misapprehended the finality of the Supreme Court decisions and the doctrine of “stare decisis,” and added that “once the Supreme Court gives a verdict, every decision of the subordinate courts give way.”
Via Nairaland
