Idowu Patrick
The dismissal by the Presidential Petition Election Tribunal of a petition contesting the qualification of former Borno State Governor Kashim Shettima has sparked debate and inspired legal experts to weigh in. Notably, eminent legal expert Chief Robert Clarke (SAN) has voiced his opinions, claiming that the tribunal’s ruling was valid and consistent with accepted jurisprudence.
Remember that the five-member PEPT panel led by Justice Haruna Tsammani denied the Allied Peoples Movement’s petition contesting the qualification of Vice President Kashim Shettima on Wednesday.
“The issue of qualification or disqualification is a constitutional one. The issue of disqualification or qualification is a pre-election matter. It must be determined before the conduct of the election. This court has no jurisdiction to hear the matter and even if it does it is status-barred because it is a pre-election matter,” Tsammani said.
Clarke, speaking as a guest on Arise TV’s Special Election programme monitored by Abuja City Journal, said it was evident that the case presented by the APM to disqualify Shettima was not within the tribunal’s jurisdiction.
The senior statesman, however, emphasised that the petitioners have the right to appeal to the Supreme Court and that the Constitution only permits the Tribunal to investigate the conduct of an election and not other problems.
“But, what I’m saying is that there are two sides of the coin. The litigants have gotten the judgment of the tribunal, but can still go to the Supreme Court whether the matter is a pre-election matter or not.”
“The tribunal is correct. I have no hesitation in saying I accept the verdict of the tribunal. By the virtue of the provision of our own law, our constitution either of the parties may wish to apply,” Clarke added.
