The Supreme Court on Friday nullified the election of Alhaji Usman Dakingari of the People’s Democratic Party (PDP) as governor of Kebbi.
Justice Walter Onnoghen read the judgment of the panel of five justices, which set aside the decision of the Court of Appeal, which upheld the election of Dakingari.
The court consequently upheld the verdict of the Kebbi State Election Petitions Tribunal, which earlier nullified the election that brought Dakingari into office.
Onnoghen said that the court erred when it deferred the reason for its judgment beyond the 60 days allowed by the Constitution of the Federal Republic of Nigeria.
He, therefore, ordered for the conduct of a fresh election by the Independent National Electoral Commission (INEC) within 90 days.
“It is obligatory for the Court of Appeal and the Supreme Court to dispose an appeal within 60 days from the date of the decision being appealed.
“Section 285 (7) implies that both the decision and the reasons for that decision must be completed within the stipulated time.
“Any decision without a reason is no decision at all; the judiciary has no option than to work within the time frame provided by the law,” Onnoghen said.
However, the Court of Appeal gave its judgment on Dec 29, 2011, that the court was unable to justify the verdict with reasons till Jan. 24.
The appeal was lodged before the apex court by the Congress for Progressive Change (CPC) and its candidate in the April 26, 2011 governorship election in the state, Malam Abubakar Abubakar.