By Ikechukwu Nnochiri
ABUJA — Two politicians, Chika Madumere and Kemdi Opara, who were litigants before various tribunals that handled disputes arising from the 2011 elections, yesterday, approached a Federal High Court in Abuja, asking it to declare section 285 subsections (6) and (7) of the constitution, null and void.

The said portion of the constitution mandated election petition tribunals across the federation to ensure that matters filed before them were adjudicated upon and judgment delivered within 180 days.

The section further stipulated that appeals arising from the decision of the tribunals must be decided by the appellate courts within a maximum of 60 days.

The plaintiffs through their lawyer, Chief Mike Ahamba, SAN, argued that section 285 subsections (6) and (7) runs counter to the right to fair hearing guaranteed under section 36 (1) of the constitution, adding that section 36(1) is fundamental and inalienable to any adjudicatory process including election petitions.

The Attorney General of the Federation, AGF was listed as a defendant in the suit.

In an affidavit he attached to the suit, the 1st plaintiff, Madumere, averred that whereas he is the 1st petitioner in election petition No.EPT/IM/SHA/27/2011 now pending in the legislative tribunal in Owerri, Opara on the other hand is a respondent in election petition No. EPT/IM/NASS/HR/11/2011, also in Owerri.

The plaintiffs through their lawyer, argued that the procedure for alteration of the constitution under section 9(2) of the constitution is different from the procedure under section 9 (3) for the alteration of any provision under Chapter IV thereof.

According to them “Section 36 (1) of the constitution could not have been altered, and was not altered by the 1st, 2nd or 3rd alterations of the constitution so far made. Subsections (6) and (7) of section 285 of the constitution have created a confusion as to the right to fair hearing of a party in an election petition.”

Therefore, they insisted that section 285 (6) and (7) cannot validly co-exist with section 36(1) in the constitution, and in event of conflict, section 36(1) prevail.

Consequently, Ahamba, SAN, asked the court to declare section 285(6) and (7) as void provisions.

When the matter came for mention yesterday, the presiding judge, Justice Gabriel Kolawole asked the plaintiffs to file their written address and serve the AGF who the plaintiffs said have not shown any interest in the matter.

The court has fixed December 8 to commence on the suit on December 8.