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.
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