4th November, 2010
The final attempt by Alhaji Sani Shaban; the All Nigeria Peoples Party’s candidate in the last gubernatorial election held in Kaduna state on 14th April 2007, to reclaim a mandate believed to have been given to him by the electorate in the state failed to bear fruit as a 5-man panel of the Supreme Court today declined jurisdiction to interfere with the matter emanating from the decision of Court of Appeal in a governorship election petition.
The panel led by Justice Dahiru Musdapha declined the invitation extended to the apex court by Alhaji Shaban through his lawyer; Mr. Mike Ahamba and maintained that though the apex court is the court of last resort to a litigant, that it is also a court of appellate jurisdiction which must first have jurisdiction before if can dispense justice judiciously and judicially.
The ANPP candidate had gone to the Supreme Court to get the apex court to direct the Court of Appeal Kaduna Division to set aside its decision which threw out his Election Appeal.
The suit was objected to by the Kaduna state Governor; Governor Yakowa through a preliminary objection challenging the jurisdiction of the apex court to wade into an action which emanated from the governorship election petition. The Governor noted that the court lacks jurisdiction under section 246 (3) of the Nigerian Constitution. He argued that the Court of Appeal is the last court for gubernatorial cases.
The apex court agreed with the Kaduna state Governor and dismissed the case.
By Nnamdi Felix / Abuja
Copyright protected by Digiprove © 2010 P.M.News