The Supreme Court will on the 8th of June decide whether or not, it can entertain two appeals filed by the Action Congress of Nigeria (ACN) and the All Nigeria People’s Party (ANPP) challenging the election of Benue state, Governor Gabriel Suswam.
Counsel to the ACN governorship candidate, Olu Akeredolu, prayed the court to allow them exercise their constitutional rights to fair hearing while adding that the appeal is based on an earlier decision of the court which ordered that the election petition tribunal hear their petition afresh.
He argued that Section 36 of the Constitution which is the right to fear hearing supersedes any other section of the law.
He urged the court to evoke its rights to hear his suit as if it is the court of first instance.
Benue state governor, Gabriel Suswan, through his counsel Mr Damian Dodo, however argued that the two appeals constitute gross abuse of court process on grounds that the 180 days stipulated by Section 285(6) of the constitution to determine the appellant petition had elapsed.
Mr Dodo maintained that the relief been sought by the Appellants are not tenable in law and ask the apex court to throw it out.
Having listened to all the parties carefully the seven man panel fixed June 8 for the ruling.
The apex court last week, struck a similar application against the election of the Akwa Ibom state governor, by the ACN and its gubernatorial candidate.
The court’s panel of judges stated that the appeal had elapsed the stipulated 180 days stipulated by the Electoral Act.