She directed that the hearing of the four separate appeals tabled before the apex court be fixed for tomorrow, August 27, 2013 despite the court still observing its mandatory annual vacation.
By its rule and tradition, the apex court does not sit during vacation and does not sit on any appeals before the ceremony heralding a new legal year.
Her action is therefore unprecedented.
The commencement of the new legal year has been fixed for September 16th.
Mukhtar is breaking the traditions in order to save the appeals, particularly those challenging the election of Mimiko from being statute-barred.
The earlier hearing date of September 24th would have been caught by the 60-day mandatory hearing period of appeals, as set out by the extant laws on election matters.
The 60 days start counting from the day the lower court decides on such appeals and Ondo’s would expire by Thursday, August 29th and expected to be statute-barred after the said date.
Elections of about six serving governors were upheld by the apex court under the leadership of former CJN, Justice Dahiru Musdapher, on the basis of appeals against them being statute-barred.
The implication is that the four appeals from the defunct Action Congress of Nigeria, Peoples Democratic Party, the Independent National Electoral Commission and Mimiko supported by Labour Party, must be heard and decided latest this Friday.
While ACN and PDP are challenging the decision of the Tribunal and the Court of Appeal upholding Mimiko’s victory, INEC is challenging the portion of the appellate judgement that castigated some of its acts during the election while Mimiko and his party are contesting certain reliefs not granted them.
Mukhtar’s spokesperson, Alhaji Ahuraka Yusuf Isah confirmed the development in a short statement issued in Abuja on Sunday.
Mukhtar who is in the United States of America reportedly rallied her colleagues who are also said to be all abroad, to take the unprecedented step, following the decision to jettison court rules for justice aftermath of the petitions by ACN stalwarts on the original hearing date being outside of the required 60 days.
A final decision on it was reportedly taken last night, though the identities of the justices picked for the unusual exercise were still under wraps at press time, while it was unclear if the CJN would participate.
The statement by Ahuraka read, “The Chief Justice of Nigeria, Justice Mariam Aloma Mukhtar has re-fixed hearing on appeals filed against the judgement of the Court of Alpeal that declared Governor Olusegun Mimiko as validly elected in Ondo State governorship election to August 27.
“The Supreme Court had earlier fixed September 24 to commence hearing in the four appeals filed the Action Congress of Nigeria, Peoples Democratic Party, the Independent National Electoral Commission and Governor Mimiko and his Labour Party.
“But following protests from some quarters that the September 24 will be outside the mandatory 60 days to determine the election petition appeals, the CJN has adjusted the hearing date to Tuesday, August 27.
“Ordinarily, the Supreme Court does not sit appeals while on vacation.”
Anxiety over Supreme Court hearing date
Anxiety has continued to mount among the opposition parties in Ondo State over the date purportedly chosen by the Supreme Court for the hearing of the petitions over the last governorship election in the state.
Already, the Concerned Ondo Professionals have called on the Chief Justice of the Federation, Aloma Mukthar to intervene as the date chosen was outside the constitutionally approved 60 days after delivery of judgment at the Court of Appeal.
According to a statement by the President of the group, Morakinyo Ogele and the Secretary, Dr. Fisayo Ogunleye, it argued that since the Appeal Court delivered its judgment on the petitions on July 2, the mandatory 60 days should start counting on the day.
It, however, expressed worry over the September 24 date of hearing issued to the parties by the registry of the apex court.
The group said, “As we move closer to the statutory 60 days within which the Supreme Court will deliver their judgment, anxiety grows in geometric proportion. Expectedly, the people thought the judgment will be delivered on or before September 3, 2013.
Contrary to this, the Supreme Court, on the 20th of August, 2013 issued a notice of hearing wherein September 24th was picked as the official date of hearing for the matter. By the provision of the constitution, the case would have been statute barred by that time and the Supreme Court will no longer have jurisdiction to hear it”.
The group stated that the move by the apex court was against the provision of section 285(7) of the constitution of the country.
“The anxiety of the people should not be treated with levity, they read newspapers and follow events as they unfold in Nigeria. Professor Dora Akinyuli’s case in Anambra became statute barred after the expiration of the statutory 60 days at the Supreme Court,” read the statement.
The group therefore urged the CJN to intervene and ensure that appropriate date is fixed for the matter, saying fixing September 24 was an attempt to “behead justice instead of being in the vanguard of justice delivery.”
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