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The Court of Appeal in Enugu on Monday dismissed the appeal filed by a former Minister of Information and Communication, Prof. Dora Akunyili, against the judgment of the election petitions tribunal in Awka.
Akunyiliof APGA appealed against the judgment of the tribunal, which was in favour of Sen. Chris Ngige of ACN.
The tribunal said the time for the hearing of the case had lapsed after 180 days of the election and could no longer be entertained by the panel.
But the former minister, citing delay tactics by her opponent, went to the appeal court which had earlier returned the case to the tribunal to be heard on its merit.
The Court of Appeal, agreeing with the verdict of the tribunal, struck out the appeal against Ngige's victory in the Anambra Central Senatorial District election.
The appellate court held that 180 days allowed by the constitution had since lapsed.
The appeal court further held that ``the appellants are in serious misapprehension of the finality of the Supreme Court decisions and the doctrine of Stare Daisies.’’
”Once the Supreme Court gives a verdict, every decision of the subordinate courts give way,’’ the court said.
The court held that the tribunal was right in striking out the matter on Feb. 21 given that ``no order can bring to life a petition which is dead.’’
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