By Tobi Soniyi in Abuja
The Supreme Court has dismissed an appeal filed by the National Democratic Party (NDP) seeking to nullify the election of PresidentGoodluck Jonathan.
In a unanimous decision, all the seven justices of the court who sat on the panel held that the appeal lacked merit.
NDP had asked the court to nullify all the elections held under the rescheduled time table issued by the Independent National Electoral Commission (INEC).
Had the appellant succeeded, the entire 2011 elections would have been cancelled since they were conducted based on the second timetable released by the INEC after the first timetable was cancelled.
The appellant, NDP, had challenged the entire 2011 elections, saying that INEC had no power to cancel the first timetable without giving reasons for the cancellation as the NDP was the only party that complied and its candidates should be taken as validly nominated for the April 2011 general elections.
The case was earlier dismissed by the Court of Appeal, which described the case as a mere academic exercise.
Affirming the decision of the Court of Appeal, the Supreme Court held that the NDP did not acquire any vested right since the so-called rights had collapsed with the cancellation of the first timetable by INEC.
According to the apex court, INEC has the sole responsibility for fixing dates for elections.
It noted that if INEC fixed a date for elections and for whatever reason, no one has cause of action against INEC for cancelling an election (not held) and rescheduling elections for another date.