The court of Appeal sitting in Makurdi,yesterday dismissed the appeal filed by Major Lawrence Onoja of the Action Congress of Nigeria(ACN) against senate President David Mark of the Peoples Democratic Party(PDP).
Onoja had appealed against the decision of the National and state Assemblies tribunal that earlier nullified the the petition filed by him, challenging the victory of Mark in the last April 2011 general elections.
Lawyer to Senator Mark,Ken Ikonne has? prayed the Court to strike out the appeal and added that the apex court has lack the jurisdiction to further entertain the appeal. He said the application brought by appellant for the court to continue hearing of the appeal in his favor was pursuant to section 285(7) of the 1999 constitution of the federal republic of Nigeria as amended.
He argued that the appeal was predicated on the grounds that the 60 days allowed by the constitution for the hearing of and disposal of the appeal had since lapsed,adding that the judgement of the lower tribunal appealed against in the appeal was also delivered on the 27th September,2011.
But lawyer to Lawrence Onoja, Ibikwu Steve did not oppose the application but argued that the court should consider the lawful circumstances surrounding the appeal and accordingly deliver judgement in the interest of justice.
In its? judgement,the presiding judge Justice Ladan Tsamiya held that by virtue of section 285(7) of the 1999 constitution,which allows 60 days from the date of judgment of an election petition for appeal has lapsed.Accordingly, the court of Appeal granted the application of the respondent and therefore dismissed the appeal.