THE Action Congress of Nigeria (ACN) has expressed serious doubt over the ability of the Kwara State Session of the High Court to do justice in the appeal filed by the party against the decision of the Election Petition Tribunal on the chairmanship of Offa Local Council.

In a statement issued in Lagos yesterday by its National Publicity Secretary, Alhaji Lai Mohammed, the party said its concerns stem from a number of factors, including the improper constitution of the court, its perpetual refusal of ACN's applications while granting that of the People's Democratic Party (PDP) and the frustration of ACN's appeal to the Court of Appeal on the decisions of the High Court.

It therefore appealed to all lovers of democracy and the rule of law to prevail on their Lordships of the High Court of Kwara State to ensure that justice is not only done in this case, but that it is seen to have been done.

ACN is challenging the decision of the Election Petition Tribunal on the basis that the tribunal exceeded its jurisdiction in the determination of the election petition filed by the PDP and its candidates against the victory of the ACN candidate during the re-run election into the chairmanship of Offa Local Council held on January 12, 2011.

The party also observed that since the inception of its appeal, the state's Appellate Session of the High Court had always been improperly constituted by just two judges, contrary to the requirement of the law that three judges must sit to determine the appeal.

"The implication of the court being composed of only two judges is that there cannot be a majority decision in case there is a disagreement in the opinion of the two judges, and there would be no way to state the position of the court. This is the basis of the law requiring a panel on appeal to be composed of odd number of judges,'" the party said.

It pointed out that while all ACN's applications had been refused, the court had always granted all applications made by the PDP as the respondent, while at the same time had been frustrating ACN's application to the Court of Appeal on Kwara Appellate Session's decisions.

"It is trite law that where a party to a matter requests that a case be stated by the High Court to the Court of Appeal on interpretation of any provision of the Constitution, the High Court has no choice in the matter as it is bound to so grant the application.

"It is rather disappointing that their Lordships of the High Court of Kwara State are hell-bent on determining this case in a proceeding which has shown an outright bias in favour of the respondent, PDP," the statement added.