Lack of quorum at the Supreme Court, yesterday, stalled hearing in the appeal filed by the Congress for Progressive Change,CPC, challenging the decision of the Presidential Tribunal which upheld the victory of President Goodluck Jonathan in the April general election
A properly constituted panel consists of seven justices who must sit at a time especially on any matter bordering on constitutional interpretation.
But when the matter was called, a panel of five justices headed by Justice Mahmoud Mohammed told the court before lawyers could announce their appearances that the matter will not hold as the panel to sit on the matter has not been constituted by the Chief Justice of Nigeria (CJN), Justice Dahiru Musdapher.
Justice Mahmoud, who apologised to the parties, told the court that the CJN was not around and as soon as he comes back, the panel will be set up and a new? date will be communicated to the parties.
The lawyer to CPC, Dipo Okpeseyi(SAN) urged the court to be mindful of the 60 days which the Electoral Act has provided for the hearing and determination of the appeal so that the party would not be caught outside the specified days.