The Supreme Court yesterday upheld the victory of the Benue State governor, Gabriel Suswam in the April 2011 governorship poll.
In a unanimous decision, the seven-man panel of the apex court dismissed the appeal brought by the governorship candidate of the Action Congress of Nigeria (ACN), Professor Steve Ugbah.
In the lead judgement read by Justice Olukayode Ariwoola, the apex court held that the constitution had prescribed that election petition at the tribunal should be heard and concluded within 180 days of filing such petition.
He said, “No court can, by any means or way extend the 180 days specified by the constitution. There is no contradiction between Sections 36 and 285(6) of the 1999 Constitution.
A petition needs not be heard completely before a tribunal will deliver its judgement. In compliance with Section 285(6), once a tribunal makes an order within 180 days and the party affected headed for an appeal, the 180 days keep running.