The Supreme Court yesterday ordered the Election Petitions Tribunal sitting in Benue State to hear afresh on merit, the petition by the governorship candidate of the Action Congress of Nigeria (ACN), Prof. Steven Ugbah, challenging the election of Governor Gabriel Suswam of the Peoples Democratic Party (PDP) in the April 26 governorship election.
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?Similarly, the apex court also directed the Election Petitions Tribunal sitting in Akwa Ibom State to also hear on merit, the petition by another ACN governorship candidate, Senator James Akpanudoedehe, against the election of Governor Godswill Akpabio of the PDP.
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The Chief Justice of Nigeria (CJN), Justice Dahiru Musdapher, who headed the five-man panel of justices for the two appeals, criticised judges who sacrificed substantial justice on the alter of technicalities.
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The Court of Appeal in Markudi had dismissed the petition of Ugbah against the victory of the PDP and Governor Suswam on the grounds that the petitioner did not seek the leave of the tribunal before bringing his motion ex -parte for the pre-trial session.
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Dissatisfied,? Ugbah and his ACN approached the Supreme Court, asking it to set aside the decision of the appellate court.
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In its judgment yesterday, the Supreme Court held that it was wrong for the Court of Appeal to apply mere technicalities rather than going into the merit of the petition.
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In preaching the gospel of substantial justice, Justice Musdapher said; “It is too early for me to start losing my head. What is the difference between letter and motion ex-parte? Everybody is watching us, I’m begging in the name of justice, matters should be decided on their merit and not technicalities.
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“Our responsibility to whoever comes to us is to do justice without technicalities. Where is justice after the tribunal itself had granted pre-hearing notices and the same tribunal fixed a date for hearing and days after, somebody now brought an application to dismiss the matter, where is justice in that situation?
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“They just want to take an easy way out to finish this matter. We will say no to it. Democracy is the number of the people that voted for A or B, let justice be done.”
Accordingly we allow this appeal and restore the decision of the tribunal.”
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Applying the same principle of law, Justice Musdapher set aside the judgment of the Court of Appeal in Calabar and granted the appeal by Akpanudoedehe against the election of Governor Akpabio. The Supreme Court accordingly allowed the appeal and ordered for a re-trial of the petition at the tribunal.