Kogi Guber Poll: Supreme Court reserves judgment in appeal filed by SDP’s Ajaka

On Monday, the Supreme Court reserved judgment in the appeal filed against the tribunal and the appeal court judgements of Murtala Ajaka, a candidate of the Social Democratic Party in the Kogi governorship election.

In a ruling, Justice Lawal reserved judgment to a date that will be communicated to the parties.

Earlier, the apex court declined a request by Mr Ajaka’s counsel for the constitution of a full panel to hear and determine his appeal.

At the hearing on Monday, Pius Akubo 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.

Mr Akubo argued that the five-member panel should be increased to seven justices. He said they had yet to receive a response from the CJN. However, lawyers for the respondents kicked against the application and urged the court to proceed with the hearing.

Emmanuel Ukala, representing tAPC, the third respondent, argued that the Supreme Court had decided that a five-person panel could make an application for departure from a previous decision.

Mr Ukala’s submission was supported by Kanu Agabi, who appeared for the Independent National Electoral Commission, the first respondent, and Joseph Daudu, who represented Governor Usman Ododo of APC, the 2nd resoobdent in the appeal.

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 a five-member panel, had the jurisdiction to determine the appeal as presented.

Therefore, the five-member justices of the apex court proceeded with the hearing of the appeal.

Mr Daudu, who represented the second respondent, 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.

Mr Akubo, while adopting his processes, urged the court to allow the appeal, set aside the judgment of the Court of Appeal and return Mr Ajaka as the duly elected governor of Kogi.

Agabi, in his adoption of the INEC’s brief of argument, urged the court to dismiss the appeal since the appellant had himself contended that the election was invalid.

Mr Daudu also adopted his brief for the second 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.

Justice Lawal, in a ruling, reserved judgment to a date that will be communicated to the parties.