The wordings of section 285(2) are:- “ There shall be established in each States of the Federation , an election tribunal to be known as the Governorship Election Tribunal …” By the use of the word “ established ”, it could be taken to mean that the tribunal had already been established by the Constitution itself. This interpretation can be further fortified by sub-section (4) of the same provision dealing with quorum which also provides thus:- “ The quorum of an election tribunal established under this section shall be the chairman and one other member. ” It would therefore seem to me, that the learned senior counsel forthe appellant missed the point or misunderstood the law, when he submitted that the act of establishment of the tribunal was a futuristic event. My considered view in that regard is that, it is not a futuristic event because the Constitution had already established the tribunal by its provisions in section 285(2) and having done so, all that the President of the Court of Appeal is empowered to do, is to empanel the composition or appoint the Chairman and members of the already established tribunal whenever she/ he deems it necessary to do so. There is a world of difference between establishment of a statutory body and appointment of members to man such body.
— Sanusi, JSC. Wike Nyesom v. Peterside, APC, INEC, PDP (SC. 718/2015, 27 Oct 2015)