Kogi: S/ Court declines Ajaka’s request for constitutional panel, reserves judgment

From Godwin Tsa, Abuja

The Supreme Court, yesterday ,reserved judgment in the appeal filed by the candidate of the Social Democratic Party (SDP) in the Kogi Governorship election, Muritala Ajaka, to a date that will be communicated to the parties.

The appeal is challenging both the judgment of the Court of Appeal which affirmed the decision of the State governorship election tribunal that validated the return of Governor Usman Ododo by the Independent National Electoral Commission (INEC).

Apex Court equally refused a request by Ajaka’s counsel for the constitution of a full panel to hear and determine his appeal.

At the hearing yesterday, his lead counsel,  Pius Akubo, SAN, told the court that he had applied to the Chief Justice of Nigeria to allow a full panel of the Supreme Court to hear the appeal in view of paragraphs 4.28 and 4.29 of the Appellant’s Brief of Argument.

He said they had not received a response from the CJN.

But counsel to the Respondents kicked against the application and urged the court to proceed with hearing.

Emmanuel Ukala, SAN, representing the 3rd Respondent, APC, argued that there was a decision of the Supreme Court that a five-man panel could take an application for departure from a previous decision.

In a short ruling, Justice Garba Lawal, who led the five-man panel, held that election appeals are time-bound and that the court constituted as a five-member panel had the jurisdiction to determine the appeal as presented.

The five-member justices of the Apex Court, therefore, proceeded with the hearing of the appeal.

Joseph Daudu, SAN, who represented the 2nd Respondent, governor Ododo with others, moved his application to strike out certain grounds of appeal contained in the Appellant’s Notice of Appeal.

He also presented a notice of preliminary objection challenging the competence of the Appeal itself.

Akubo SAN, urged the Court to allow the appeal, set aside the Judgment of the Court of Appeal and return Ajaka as the duly elected Governor of Kogi State.

Daudu, SAN, also adopted his brief for the 2nd Respondent and urged the Court to dismiss the appeal and refuse all the prayers sought by the Appellants.

He urged the Court to dismiss the Appeal, including the application to depart from previous decisions.

Kanu Agabi, SAN, while adopting his process, urged the Court to dismiss the appeal since the Appellant had himself contended that the election was invalid.

On the main appeal filed by Ajaka seeking to overturn the judgment of the court of Appeal, the Supreme Court reserved Judgment to a date that will be communicated to the parties.