THE Akwa Ibom State Governorship Election Petitions Tribunal on Thursday adjourned further hearing till February 7 in the case between Governor Godswill Akpabio, Action Congress of Nigeria and two others.

ACN governorship candidate John Akpanudoedehe, and his running mate, Ime Umanah, are challenging the declaration of Akpabio and his deputy, Nsima Ekere, as the winners of the April 26, 2011 gubernatorial election in the state.

The three-member panel, headed by Justice Kwajafa and two others, entertained arguments from lawyer to the ACN, Kola Awodein (SAN) and the respondents’ counsel, Bayo Ojo (SAN) at the resuption of the hearing on Thursday.
Justice Kwajafa is expected to rule on the application brought before it by the respondents’ counsel on the next adjourned date.

Ojo is praying the court to dismiss the petitioners’ application on the ground that the 180 days time-limit allowed by the Constitution for filing of petition by the petitioners had lapsed.
In his application dated January 6, Ojo cited Section 285 (6) of the 1999 Constitution (as amended) to support his argument, saying the tribunal lacked requisite authority, nay judicial power to extend the time beyond the 180 days as prescribed by the Constitution.

Ojo said: “It is submitted with respect that the 180 days within which judgment must be delivered in writing in this petition having lapsed on November 12, last year, this petition suffers a natural death and your Lordships ceased to have jurisdiction to continue to hear and determine this petition. Your Lordships are humbly urged to so hold.

“I sympathised with the petitioners. No matter how bad the situation is, that is the law. I therefore humbly urged your Lordships to strike out the petition due to effluxion in time. Anything contrary will amount to judicial rascality,” he added.
But Awodein urged the tribunal to decline the arguments put toward by Ojo, saying to accept it would amount to disobeying the decision of the Supreme Court, being the Apex Court in the land.