The Supreme Court has reserved judgement in the appeal filed against the tribunal and Court of Appeal judgements by the candidate of the Social Democratic Party (SDP) in the Kogi State governorship election, Murtala Ajaka.
Earlier, the Supreme Court declined a request by Ajaka’s counsel, Pius Akubo (SAN), for the constitution of a full panel to hear and determine his appeal.
At the hearing on Monday, August 19, 2024, Akubo told the apex court that he had applied to the Chief Justice of Nigeria (CJN) 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.
Akubo said the five-member panel presently constituted should be increased to seven justices.
He added that they had not received a response from the CJN.
But lawyers to the respondents kicked against the application and urged the court to proceed with the hearing.
Emmanuel Ukala (SAN) representing the All Progressives Congress (APC), 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.
Appeal Court affirms Ododo as Kogi governor
Ukala’s submission was supported by Kanu Agabi (SAN), who appeared for the Independent National Electoral Commission (INEC), the 1st respondent, and Joseph Daudu (SAN), who represented Governor Usman Ododo of APC, the 2nd respondent in the appeal.
In a short ruling, Justice Garba Lawal, who led the five-man panel, held that election appeals are time-bound, adding that the apex court constituted as a five-member panel has the jurisdiction to determine the appeal presented.
The five-member justices of the Supreme Court therefore proceeded with the hearing of the appeal.
Daudu 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.
Akubo, while adopting his processes, urged the court to allow the appeal, set aside the judgement of the Court of Appeal, and return Ajaka as the duly elected governor of Kogi State.
Agabi, in his adoption of the INEC’s brief of argument, urged the Supreme Court to dismiss the appeal since the appellant had himself contended that the election was invalid.
Justice Lawal, in a ruling, reserved judgement to a date that will be communicated to the parties.
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