By Ikechukwu Nnochiri

ABUJA-Respite came the way of two governorship candidates of Action Congress of Nigeria, ACN, in Akwa Ibom and Benue states, Senator James Akpanudoedeghe and Professor Steven Ugbah, respectively, as the Supreme Court, Monday, voided the dismissal of their petitions by the tribunals.

Consequently, the apex court ordered the respective governorship elections tribunal that handled their cases to go ahead and try them de novo, stressing that the petitions ought to have been decided on merit rather than technicalities.

Whereas Udoedeghe is seeking the nullification of the election that brought Governor Goodswill Akpabio into office, his Benue counterpart on the other hand, went to the tribunal to challenge the election victory of Governor Gabriel Suswam.

However, the duo lost in their bid as the tribunals dismissed their petitions.

Delivering judgment on separate appeals by the two opposition candidates, Chief Justice of Nigeria, CJN, Justice Dahiru Musdapher, who headed the five-man panel of Justices, said the days when judges rely on technicalities rather than substantial justice were gone.

In the case of Benue State, the Court of Appeal, sitting in Markudi had dismissed the petition of Prof. Ugbah against Governor Suswam of Peoples Democratic Party, PDP, on the premise that the petitioner failed to secure leave of the tribunal before filing his motion ex parte for the pre-trial session.

It was PDP that approached the appellate court, challenging what it described as the improper mode of activating pre-trial by ACN, insisting that Professor Ugbah and his party did not seek leave of the tribunal before bringing the motion for pre-trial.