The Supreme Court has on Monday, reserved judgment in the appeal filed against the Tribunal and Appeal Court Judgements by the candidate of the Social Democratic Party in the Kogi Governorship election, Muritala Ajaka.
Ajaka is challenging the judgments of both the Election Tribunal and the Court of Appeal, which had upheld the election results. The Apex Court has yet to announce a date for its final ruling, leaving the parties involved in anticipation.
According to a report, Ajaka’s legal team, led by Pius Akubo, SAN, made a significant request to the court, seeking the constitution of a full panel of the Supreme Court to hear the appeal, citing specific provisions in the Appellant’s Brief of Argument.
However, Akubo informed the court that the team had not yet received a response from the Chief Justice of Nigeria (CJN) regarding this request.
The counsels representing the Respondents were quick to oppose this application. Representing the third respondent, UC Ukala, SAN argued that there was a precedent allowing a five-member panel of the Supreme Court to hear an application for departure from a previous decision. This, he argued, was sufficient for the current appeal.
Justice Garba Lawal, leading the five-member panel of the Supreme Court, issued a brief ruling, stating that election appeals are time-sensitive. He affirmed that the panel as constituted had the jurisdiction to hear and determine the appeal as it stands. Following this ruling, the court proceeded with the hearing.
During the proceedings, JB Daudu, SAN, representing the second respondent, presented an application to strike out certain grounds of appeal contained in the Appellant’s Notice of Appeal.
Additionally, he submitted a preliminary objection, challenging the competence of the appeal itself.
On the other hand, Akubo, SAN, on behalf of Ajaka, urged the court to allow the appeal, overturn the Judgment of the Court of Appeal, and declare Ajaka as the duly elected Governor of Kogi State.
Daudu, SAN, maintained his stance, urging the court to dismiss the appeal in its entirety, including the application for departure from previous decisions. Kanu Agabi, SAN, further supported the call for dismissal, pointing out that Ajaka himself had previously contended that the election was invalid.
After hearing the arguments from both sides, the Supreme Court reserved its judgment, stating that a decision would be communicated to the parties at a later date.
Chioma Kalu
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