Two politicians, Chika Madumere and Kemdi Opara, parties in the 2011 election petition tribunals, have asked a Federal High Court sitting in Abuja to declare sections 285 subsections? (6) and (7)? which? provides for the? hearing of? election petitions? and election petition appeals within 180 days and 60 days respectively? null and void.
The plaintiffs, who named the Attorney General of the Federation (AGF) as a defendant in the suit said that the lack of provisions to extend the hearing days? where necessary constituted? a? breach of the right to fair hearing.
Madumere? said that? while he is the 1st petitioner in election petition No.EPT/IM/SHA/27/2011 now pending in the legislative tribunal? in Owerri,? Opara is a respondent in election petition No. EPT/IM/NASS/HR/11/2011 also in Owerri.
The plaintiffs lawyer, Chief Mike Ahamba (SAN) stated that section 285 subsections (6) and (7) ran counter to the right to fair hearing? guaranteed under section 36 (1) of the constitution.