The Coalition of United Political Parties (CUPP) has called for the amendment of Sections 233. (1)(e) and 246.(1)(3) of the 1999 Constitution to pave the way for all election cases to end at the Supreme Court.
CUPP said the call was due to the irreparable damage caused to the elected members who have been unjustly removed from their legitimate seats by the Court of Appeal despite the plethora of earlier decided and settled cases by the Supreme Court court, which by the doctrine of stare decisis binds the Court of Appeal.
The Coalition stated this in a statement issued by the National Secretary, High Chief Peter Ameh on Sunday in Abuja.
The statement noted that the irreparable harm and loss would have been remedied had there been a further provision for appeal to the Supreme Court by the aggrieved parties.
The statement read “ CUPP hereby calls on the National Assembly to commence without delay the amendment of Sections 233. (1)(e) and 246.(1)(3) of the 1999 Constitution as Amended to extend appellate jurisdiction for State and National Assembly election disputes to the Supreme Court to avert a repeat of the disaster of injustices meted to the validly elected National and State Assembly Members of PDP and Labour Party extraction from Plateau, Enugu, Abia and other states.
“ This call has become necessary due to the irreparable damage caused to the elected members who have been unjustly removed from their legitimate seats by the Court of Appeal despite the plethora of earlier decided and settled cases by the Supreme Court court, which by the doctrine of stare decisis binds the Court of Appeal.
“ CUPP observed that the Supreme Court did not spare words in tongue lashing the Court of Appeal for the perverse and obnoxious judgment that saw the untimely termination of the legitimate and valid mandate of those Legislators both at the State and National Assembly which ought not have happened had the Court of Appeal not wilfully directed themselves to ignore those decided cases which they did impunitively, knowing that the likelihood of sanctions being levied upon them is minimal.
“ CUPP is appalled and highly dismayed that those petitions ordinarily would not have been entertained by nature of their being pre-election matters, were made the cornerstones of their judgments by both the Election Tribunal and the Court of Appeal, leading to the nullification of those mandates thereby denying them the fruits of their victory, and handing same to persons who were rejected at the polls by the voters.
“ CUPP believes that this irreparable harm and loss would have been remedied had there been a further provision for appeal to the Supreme Court by the aggrieved parties, and hereby calls upon the National Assembly to commence without delay the amendment of those sections of the 1999 Constitution as Amended to add to endue the Supreme Court with the powers to entertain appeals for State and National Assembly election disputes and remove the Court of Appeal from being the court of last resort for same as it currently is “
