Appeal court orders retrial of Borno gov petition

The Court of Appeal, Abuja Division, on Friday ordered a fresh trial of the petition brought by the Peoples Democratic Party and its governorship candidate in Borno State, Alhaji Mohammed Goni, against the election of Governor Kashim Shettima of the All Nigeria Peoples Party. The court ordered that the case be heard by a reconstituted panel of the Borno State Governorship Election Petitions Tribunal.A five-man panel of justices of the appellate court, chaired by Justice Mohammed Tsamiya, gave the order. In a unanimous verdict, the court held that preliminary objections raised by the respondents, Shettima, ANPP and the Independent National Electoral Commission, lacked merit.Justice Mojeed Owoade, who read the judgement on behalf of the panel, said, "The preliminary objections submitted by the respondents are not meritorious."I have come to the conclusion that the appeal is meritorious."He added that the petition should be remitted to a reconstituted panel of the tribunal. The judgement was slated for 9 am, but had to be postponed till 4 pm.No reason was given for the development.There were indications that Shettima may appeal the judgement at the Supreme Court, as the Speaker of the Borno State House of Assembly, Alhaji Goni Ali Modu, told journalists after the court session that the ANPP would head for the apex court. At the hearing on Thursday, counsel to the respondents, Yusuf Ali, SAN, Alex Izinyon, SAN, and Chukwuma Ekomaru, SAN, had urged the court to dismiss the PDP appeal on the grounds that it lacked merit and was incompetent.Ali told the court to dismiss the appeal on two main grounds: "The incompetence of the appeal and the hypothetical nature of the appeal itself."He held that hearing the PDP appeal "would serve no purpose now" as the constitutionally stipulated 180 days period provided for the conclusion of election petitions had elapsed.On his part, counsel to the appellants, Chief Tayo Oyetibo, SAN, urged the court to overrule all the objections to the appeal on the grounds that they lacked merit."I urge your lordship to allow the appeal and hear the petition on its merit," he said.
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