Kogi Gov’ship: S’Court Refuses Request For Constitution of Full Panel, Reserves Judgment
The Supreme Court, on Monday, reserved judgment in the appeal filed against the Tribunal and Appeal Court Judgements 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 Apex Court also declined a request by Ajaka’s counsels for the constitution of a full panel to hear and determine his appeal.
At the hearing on Monday, 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, but had not received a response from the CJN.
But counsels to the Respondents kicked against the application and urged the court to proceed with hearing.
UC Ukala, SAN, representing the 3rd Respondent, 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.
JB Daudu, SAN, who represented the 2nd Respondent 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.
JB 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.
