Supreme Court Orders Re-trial In Benue, Akwa Ibom-The Nation, Lagos

Prof. Steve Ugbah at the Supreme Court
By Kamarudeen Ogundele-The Nation

The Supreme Court on Monday ordered the re-trial of the election petitions of the Action Congress of Nigeria (ACN) candidates in Benue and Akwa Ibom States.

The cases involved Steve Ugbah and John Akpanudedehe respectively.

Ugba is contesting the victory of Governor Gabriel Suswam in the April 26 elections while Akpanudedehe is challenging that of Godswill Akpabio in Akwa Ibom.

The petitions alleged that the elections in the two states were fraught with irregularities.

In a unanimous verdict read by the Chief Justice of Nigeria (CJN), Justice Dahiru Musdapher, on behalf of the five-member panel, the apex Court upturned the decisions of the Court of Appeal which dismissed the petitions on technical ground.

The Supreme Court held that the petitions could not have been dismissed on mere technicalities, pointing out that pre-hearing notice can be done orally.

Ordering that the petitions should be heard on its merit, Justice Musdapher said “the justice of the matter is that the appeals be remitted back for hearing on their merits. “

“I don’t know why judges should go on with the basis of pre-hearing conference alone to dismiss a petition without hearing it on its merit. Matters must be decided on their merits.

“It is too early for me to start losing my head, what is the difference between a letter or ex-parte motion.  Everybody is watching us I am begging you in the name of justice. Matters should be decided on their merits and not technicalities,” he added.
 

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Poor citizens of these states

The judgement provides another opportunity for wasteful spending and some innocent lives to be wasted. The governors here are not decent human beings. They will pillage the treasury to win at all cost and where there is a need to take lives they will not blink an eye. They are vicious. These are the people we end up with in the name of democracy. So sad.

Justice Mustadpher should

Justice Mustadpher should take a step further by disbanding the tribunal in both states to give a frsh breath of air.
The Judges in both states are already compromised.

Most disturbing is Benue state where the incumbent Governor lost the election with a landslide.

PDP cabal to work to useless judiciary

We Nshouldn't read anything into this sc decision. igeria's judiciary system is corrupted to the core. In my judgment this's another round for gov Satanswill o Akpabio to bribe so the called election tribunal

We Nshouldn't read anything

We Nshouldn't read anything into this sc decision. igeria's judiciary system is corrupted to the core. In my judgment this's another round for gov Satanswill o Akpabio to bribe so the called election tribunal.

The crisis in judiciary was

The crisis in judiciary was under Alu, the genesis is as a result of arresting sokoto judgement. The CJN should play equal justice to all, by allowing the sokoto judgement delivered. The read the judgement to arrest it. He should show justice to all.

The crisis in judiciary was

The crisis in judiciary was under Alu, the genesis is as a result of arresting sokoto judgement. The CJN should play equal justice to all, by allowing the sokoto judgement delivered. The read the judgement to arrest it. He should show justice to all.

CJN do justice by de

CJN do justice by de arresting sokoto judgement. Judiciary cannot e cleaned by musdapher until sokoto case is resolved by delivering that pending judgement

Good Signal but Half Measured

This is a good signal emanating from our Supreme Court under CJN Musdapher however it is half-measured!

Any 21st Century Judge that would privilege some flimsy technicalities of law over substantial justice despite many SC decisions against it of recent is not worth to be called an Hon. Justice, and therefore suspect.

The SC should have moved a step further by dissolving the Tribunal and constituting another one to eliminate every element of suspicion. Justice must be seen to have been manifestedly done.

They can only do o justice if

They can only do o justice if the same apex court allows sokoto judgement deliver.

God help benue.

HW I WISH THAT THIS BONE(SUSWAM) IN THE THROAT OF BENUE PEOPLE WHICH WE CANT VOMIT OR SWALLOW BE REMOVED FOR US. AS WE HAVE SUFFER ENOUGH IN THE HAND OF THE CREATURE(SUSWAM)

Sokoto arrested judgement.

My lord CJN, you lead the jurist to arrest sokoto judgement. You now said no court can arrest election judgement on borno case, what of sokoto that you arrested. Justice should be done equally by you sir.

It is left for Akpabio to

It is left for Akpabio to prove how he won the election with tons of hard evidence against him. Let the SC go a step further to disband the compromised and infected tribunal in the state.

Sokoto guber petition arrested

The Electoral Act talks about 180 days time limit and now the apex court assumes jurisdiction.So was the Sokoto Governorship Petition arrested by the apex court.It should be revisited to close the issue once and for all.The genesis of loss of judicial glory was as that result.The CJN now wants to restore the good name of the judiciary,so cleans up the Sokoto dirts now,your lordships!

Suswam's days as illegitimate governor are over.

If you are saying that something/somebody is good or bad,then you are comparing with a similar thing or somebody.So, I feel that if Benue state was near perfect when the present regime came to power all these complaints would not be there,cos I am sure the present administration has never subtracted what was on ground before it took over.Rather,it has been making frantic efforts to make Benue a better place to live.Rational people who have conscience and are devoid of jealousy and envy can agree that the past four years of this administration have the common man and the entire Benue at heart.So,if wishes were horses,beggars would rise.

PDP basterdise Naija

I want to remind Mr.Engr.that this opportunity provided by the paper is for constructive criticisms,xchange of ideas and useful pieces of advice to appropriate authorities among many like opinions.It appears very odd that you have turned this site into using abusive and derogatory words on a highly placed personality like a governor of a state which you claim is not even your state! How can you rationally base this type of offensive comment on rumours? No matter our personal resentment or hatred,constituted authority should be respected,cos I know you will xpect nothing short of this when it is your turn.

You r absolutely correct

I could'nt agree more!

Suswam in a deepshit!

I give kudos to the supreme court for that ruling. I am only interested bcoz issues of certificate forgery should not be taken 4 granted. Suswam shud be bold enough to defend his GCE. Apart form the courts, his GCE or whatever certificate he has shud not be a hidden thing to any benue man or woman.

THE CHICKEN'S COME TO ROOST!

Let Akpabio prove how he won. It will be interesting to watch him do this.

The moral of the 'story' is...!

Litigants should ensure that they appoint COMPETENT Lawyers who would observe ALL the LEGAL and COURT rules and procedures, so that cases are not thrown out due to non-observance of procedures and rules. These procedures are not rocket-science, and they are not beyond the competence of a COMPETENT LAWYER.

It is time INCOMPETENT LAWYERS are SHAMED and held accountable for damaging their clients cases. It is time such Lawyers are blacklisted for not observing due diligence and for posterity sake! Such Lawyers should not end up as SANS through the backdoor, when they are not even competent to understand and observe LEGAL or COURT rules and procedures.

GARBAGE IN-GARBAGE OUT

I was in Akwa Ibom state for the elections in april. What transpired and was purported to bear the name 'elections',was the most ridiculous and most brazen form of theft of the people's mandate. It is now incumbent on Akpabio and his people to prove in court that he won,as he claims. We are patient people. Akpan Ekpo Utuongo,Uyo.

To the CJN; a very new beginning!!!

The beginning of NEW ERA; people with fear of God shall be rewarded accordingly. God is watching!!!

NEED TO SANITICE THE APPEAL COURT

As a victim of same kind of unjust and heartless decision, it is settled that this is the usual habit and outcome of cases from Appeal Court, where they will first kill the matter by unnecessary and prolonged delay especially in civil matters. Thank to God that the era when Appeal Court was the the Supreme Court on Election Tribunal Matters is over. It is heartbreaking seeing/hearing/experiencing happenings in the Court of Appeal here in Nigeria. The judiciary need to do more in this area if the system must be cleansed of "Corruption and corrupt justices" to pave way justice. Nigerians and the whole world are watching. I will say that the system is tensed already because of injustice and lack of rule of law in this nation. This anomaly can still be corrected to save our future and this great nation.

www.bribenigeria.com -- Fighting Corruption in Nigeria

Please visit www.bribenigeria.com and tell us your bribe story. www.bribenigeria.com -- Fighting corruption in Nigeria!!!

Nigerians Saving Nigerians:

Musdapher playing to the gallery?

Unless and until Musdapher disbands the compromised Benue and Akwa Ibom election tribunals, justice cannot be done. If the CJN wants me to beloeve that he is different from his predecessor, then the logical thing to do is to set up new election tribunals for the those states. Ditto for the courts of appeal that gave those immoral tainted rulings!

hope this time,the court wil act right

Y wil 1 say justice mustapher is makin the clock tick anbti clock wise?please,if when see sum1 that can stand to fight some of the corrupt things hovering around this country he or she should be applauded.its is generally known that the april 26th governorship election in akwa ibom state was credible and if there was even an atom of freeness and fairness sen.udoedeghe woule have recorded a landslide victory at the polls.let's see black and call it black!!!AKPABIO rigged his way back to power,hpe the court wil do that which is right.

Be Aware

be aware

Dismissal of Cases Based on Technicalities Must Stop!!!

@BUHARI SANI GUSAU: You are responding like a typical Nigerian. The issue is not whether John Akpan will win or not, but that justie must be seen to be done. It is baffling and insulting for judges to compromise cases based on frivolous technicalities. It is mind-boggling that a serious matter like elections that may have bearing in the lives of the masses can be dismissed with a wave of hand just because pre-hearing notice was done orally. I think the CJN should go beyond asking them to retry this cases and sanction some of these judges. Most of them are compromised.

Redressing an injustice

Justice Musdapher is only trying to redeem the tarnished image of the judiciary. The many corrupt Judges are only compounding the issues of injustices meted out to Nigerians. Let the pendulum swing where it may, allow justice to prevail.

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