Governor Aminu
Waziri Tambuwal
The supreme court presided over by Hon. Justice Ibrahim Tanko
Muhammed, JSC, Bode Rhodes, JSC and Mary Peter- Odili, JSC have
struck out an appeal filed by Senator Umaru Dahiru Tambuwal
challenging the election of Aminu Waziri Tambuwal as the duly
elected candidate of All Progressive Congress in the 2015
election.
The judgement as delivered also noted that the appeal was filed
out of time.
In the judgement, supreme court relied on its earlier recession
delivered on Friday, 18th January n v A 2019 in appeal No. SC
/307/2018 between Obayemi Toyin V. Arogundade Samuel Musa on the
ground that the appeal is statute barred by virtue of Section
285(12) of the CFRN 1999 as amended by the Fourth Alternation Act
No.21 of 2018.
The Court held interalia that; a statute prescribing time within
which proceedings should be disposed of or concluded should be
construed to have immediate or retrospective effect because it is
procedural in nature as no person has vested right in the course
procedure. They cited the case of Ojokolobo v Alamu (1987) NWLR (
Pt 61) 397.
While bringing out another judicial lacunna, the supreme court
held that the fourth alteration took effect from 12th June, 2018
the case having not been heard and concluded within 60 days from
the date of filing.
It therefore noted that section 285 (12) provided that an appeal
from the decision of a court in a pre-election matter shall be
heard and disposed of within 60 days from the date of filing of the
appeal.