- Chief Clarke acknowledges the petitioners’ right to seek recourse in the Supreme Court, pointing out that the Constitution limits the Tribunal’s scope to election-related matters
- Clarke expresses his agreement with the tribunal’s correctness and willingness to accept its verdict, noting that both parties may consider applying the provisions of the law or the Constitution
Renowned Senior Advocate of Nigeria and respected elder statesman, Chief Robert Clarke, has voiced his agreement with the judgment rendered by the five-member panel led by Justice Haruna Tsammani at the Presidential Petition Election Tribunal.
The tribunal’s decision to dismiss the Allied Peoples Movement’s petition, which questioned the eligibility of Vice President Kashim Shettima, was deemed accurate by Chief Clarke.
The tribunal justified its dismissal on Wednesday, citing the nature of the petition as a pre-election matter that should have been raised prior to the presidential election’s conduction.
“The issue of qualification or disqualification is a constitutional one. The issue of disqualification or qualification is a pre-election matter. It must be determined before the conduct of the election. This court has no jurisdiction to hear the matter and even if it does it is status-barred because it is a pre-election matter,” Tsammani said.
The elder statesman, however, said the petitioners have the right to seek redress in the Supreme Court, stressing, “The Constitution only allows the Tribunal to look into the conduct of an election and not to look at the matters that are not part of the election.
“But, what I’m saying is that there are two sides of the coin. The litigants have gotten the judgment of the tribunal, but can still go to the Supreme Court whether the matter is a pre-election matter or not.”
“The tribunal is correct. I have no hesitation in saying I accept the verdict of the tribunal. By the virtue of the provision of our own law, our constitution either of the parties may wish to apply,” Clarke added.
Discussion about this post