Supreme Court on Monday, reserved judgment in an appeal filed against tribunal and Appeal Court judgements by candidate of Social Democratic Party (SDP), Murtala Ajaka on Kogi governorship election.
Gatekeepers News reports that the apex court had earlier declined Ajaka’s counsel, Pius Akubo’s request for constitution of a full panel to hear and determine his appeal.
Akubo during the hearing, told the court that he had applied to Chief Justice of Nigeria (CJN) to allow a full panel of Supreme Court to hear the appeal given Paragraphs 4.28 and 4.29 of the appellant’s brief of argument.
He argued that the five-member panel presently constituted should be increased to seven justices.
The attorney further noted that they had not received a response from the CJN.
Lawyer to the respondents however kicked against the application and urged the court to proceed with hearing.
Emmanuel Ukala who presented All Progressives Congress (APC), the 3rd respondent, argued that there was a decision of Supreme Court that a five-man panel could take an application for departure from a previous decision.
His submission was supported by the lawyers; Chief Kanu Agabi who represented Independent National Electoral Commission (INEC), the 1st respondent, and Joseph Daudu who represented Gov. Usman Ododo of APC, the 2nd respondent in the appeal.
The presiding judge, Justice Garba Lawal held that election appeals are time-bound and that the court constituted as a five-member panel had jurisdiction to determine the appeal as presented.
Thereafter, the five-member justices of the apex court proceeded with the hearing of the appeal.
Daudu who represented the 2nd respondent, moved his application to strike out certain grounds of appeal contained in the appellant’s notice of appeal.
The lawyer also presented a notice of preliminary objection challenging competence of the appeal itself.
Akubo, while adopting his processes pleaded 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.
Agabi, in his adoption of INEC’s brief of argument, pleaded the court to dismiss the appeal since the appellant had himself contended that the election was invalid.
Also, Daudu adopted his brief for 2nd respondent and urged the court to dismiss the appeal and refuse all the prayers sought by the appellants.
He pleaded that the court dismiss the appeal, including the application to depart from previous decisions.
Justice Lawal therefore reserved judgment to a date that will be communicated to the parties.
