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SOWEMIMO, C.J.N. (Presiding and Delivering the Judgment of the Court): In SC.95/1983, Paul Unongo v. Aper Aku and others delivered this morning, we have stated extensively our reasons for declaring as unconstitutional the periods of time fixed for hearing and determining of Election Petitions before Courts of Law. Reference was made to the provisions of section 4(8), section 33(1) and section 258 of the Constitution of the Federal Republic of Nigeria 1979. I have also agreed with the judgment of the Federal Court of Appeal, Jos in setting aside the preliminary objections. I do not agree with the circumstances on which that Court decided in expressing its helplessness in remitting the case to the High Court, Benue State for it to be tried on the merits.
The helplessness expressed by the Federal Court of Appeal in remitting this present appeal to the High Court, Jos is similar to that expressed in the Benue High Court case and that case was remitted to the High Court for it to be tried …