The Court of Appeal in Abuja on Saturday struck out an appeal by the All Progressives Congress, APC, seeking to overturn the judgement of a High Court affirming Agom Jarigbe, as winner of Cross River North senatorial bye-election.
Jarigbe is the Peoples Democratic Party, PDP, candidate in the December 2020 election.
The appellate also slammed a fine of N2million on APC and Joe Agi, a Senior Advocate of Nigeria, for engaging in gross abuse of the court in their appeal.
The punitive cost against APC will be paid to PDP and Jarigbe.
President of the Court, Justice Monica Domgbem-Mensen dismissed the application brought before the court by APC and its candidate for lacking in merit.
She held that the appeal of the two appellants was brought in bad faith because it has no power to review or amend judgments diligently delivered.
The Appeal Court held that such judgments can only be reviewed where they are fundamentally defective.
She subsequently dismissed the appeal and upheld the July, 30, 2021 judgment that recognized Jarigbe as the Senator for Cross River North Senatorial District.
