The Supreme Court on Thursday dismissed an appeal filed by the Delta State governorship candidate of the Social Democratic Party (SDP), Kenneth Gbagi against Governor Sheriff Oborevwori of the Peoples Democratic Party (PDP).
The SDP candidate through his team of lawyers led by Chief Adeniyi Akintola, SAN, approached the apex court to set aside the ruling that both the Delta State Governorship Election Petition Tribunal and the Abuja Division of the Court of Appeal, delivered against him.
When the appeal was called up for hearing, a five-member panel of the apex court, led by Justice Inyang Okoro, queried Gbagi’s lawyer, Akintola, SAN, on whether it had the requisite jurisdiction to entertain the case.
The apex court noted that the 180 days that was statutorily allowed for the tribunal to determine the substantive petition, had since elapsed.
It rejected plea by counsel for the Appellant, who sought to invoke the original jurisdiction of the apex court under section 22 of the Supreme Court Act.
Justice Okoro however stated that “The period allowed for hearing of this matter has elapsed. If the trial court does not have the jurisdiction again, what it means is that this court cannot wear the shoe of the trial court because the 180 days is gone.
“As it stands, only the final judgement of the tribunal can be appealed. This matter has become academic,”
Following a no-objection stance by counsel for all the Respondents, the Supreme Court accordingly dismissed the appeal.
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