August 22nd 2011
The Honourable Acting President
Court of Appeal
Abuja.
Dear Sir,
APPREHENSIONS ON THE CONDUCT OF THE GOVERNORSHIP TRIBUNAL IN BENUE STATE AND THE FATE OF OUR PETITION
The Action Congress of Nigeria (ACN) sponsored Professor Steve Torkuma Ugba as Governorship Candidate in the April 26, 2011 Governorship election in Benue State. The Party and her candidate mobilised the people of Benue State who massively voted for the party and her candidate.
August 22nd 2011
The Honourable Acting President
Court of Appeal
Abuja.
Dear Sir,
APPREHENSIONS ON THE CONDUCT OF THE GOVERNORSHIP TRIBUNAL IN BENUE STATE AND THE FATE OF OUR PETITION
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The Action Congress of Nigeria (ACN) sponsored Professor Steve Torkuma Ugba as Governorship Candidate in the April 26, 2011 Governorship election in Benue State. The Party and her candidate mobilised the people of Benue State who massively voted for the party and her candidate.
2. Sequel to certain anomalies noticed and apparent in the conduct of the said election, the Party and its candidate filed an election Petition on 17th May, 2011 challenging the declaration of Governor Gabriel Torwua Suswam as the duly elected Governor of Benue state. The Petition contains three grounds, one of which borders on non-qualification/disqualification based on the combined provisions of s.182 (1) (j) of the 1999 Constitution (as amended) and s.138 (1) (a) of the Electoral Act, 2010 (as amended).
3. Subsequently, we filed a Motion challenging the competence of the 1st and 2nd Respondents’ Replies for being statute-barred, for striking out certain paragraphs of the 1st Respondent’s Reply and other reliefs. This application was slated for hearing when the Tribunal disclosed that it was facing certain undisclosed security challenges, leading it to depart to Abuja for consultations. This lasted for 18 days (20th July, 2011 – 7th August, 2011).
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4. When the Tribunal resumed in the 2nd week of August 2011 the pendency of this application was brought to its notice. However, on 16th August 2011 when the petition came up for continuation of pre-trial, and our Counsel reminded it that it had to take our applications first and those objections of the Respondents against the hearing of the Petition along with the hearing of the substantive petition, the Tribunal refused and ordered the Respondents to argue their objections. This was done when our applications for judgment on Ground 3 was also pending and yet to be heard. Delivering its consolidated ruling on the Respondents’ objections on 19th August, 2011 the Tribunal struck out Ground 3 of our Petition in respect of which we had filed and served a Motion for Judgment against the 1st, 2nd and 3rd Respondents.
5. After the ruling, our Lawyers applied for expeditious hearing of the Petition. They cited the time limit of 180 days for hearing and determination of all election petitions imposed by the Constitution.
They told the Tribunal that the President of the Court of Appeal has made no provision in the Practice Directions 2011 for attendance of the Annual Bar Conference. They informed the Tribunal that the 180 days are still running and expressed fear regarding abatement of our Petition. They told the Tribunal that other Lawyers for the various parties could continue and that even the Supreme Court is still working as the swearing-in of Senior Advocates designate is fixed for 26th August 2011. After all these facts and passionate appeal, the Tribunal adjourned for about 3 weeks to 6th September 2011.
6. We are extremely worried that by the 6th of September 2011, 112 days out of 180 days would have been spent, leaving a balance of 68 days. The pre-trial session is yet to be concluded. There are still pending applications to take. We are informed that we have 14 days to present our case, while the Respondents have 10 days each. 14 + 30 = 44. There is time allotted for written, submission and adoption of written addresses by parties. 68-44 = 24 days. How shall the Tribunal manage the period for written and adoption of written addresses and judgment in 24 days? The terminal date is 12th November 2011. The refusal by the Tribunal to invoke the application of paragraph 12(5) of the 1st Schedule to the Electoral Act 2010 (as amended) has seriously and adversely affected us. Abatement of our petition is staring us in the face.
7. It is for the foregoing reasons that we humbly plead with His Lordship to quickly intervene to save this Petition and allay our apprehensions regarding the possible or probable abatement of our Petition with attendant unpredictable consequences.Many thanks
Yours faithfully, Comrade Abba Yaro
State Chairman, ACN
cc:
The Honourable Chairman
Benue State Governorship Election Petition Tribunal, Makurdi
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