S’Court reserves judgements in Bayelsa, Kogi Gov’ship election appeals

BY ANDREW OROLUA

The Supreme Court, on Monday, reserved judgements on Bayelsa and Kogi states’ Governorships Election Petition appeals to a date to be communicated to parties involved in the matter.

Bayelsa State Governor, Douye Diri whose election victory is being challenged, asked the Supreme Court to dismiss the appeal brought against his election by the governorship candidate of the All Progressives Congress, APC, Timipre Sylvia, in the 2023 Bayelsa gubernatorial poll.

Diri insisted before the apex court that Sylvia’s appeal was terribly bad beyond redemption as no witness or documents supported his request being made at the court.

At Monday’s proceedings, Governor Diri, represented by Chris Uche, SAN, maintained that the appeal was devoid of merit and should be dismissed in its entirety.

The Independent National Electoral Commission, INEC, represented by Charles Edoshomwan, Peoples Democratic Party, PDP, represented by Tayo Oyetibo, SAN, all made similar prayers calling for the dismissal of Sylva/APC appeal for want of merit.

But the appellant, Sylvia, represented by Onyechi Ikpeazu, SAN, pleaded with the Justices to set aside the judgments of the Bayelsa State Governorship Election Petition and the Court of Appeal which had earlier dismissed his petition.

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Sylva specifically asked the Supreme Court to invalidate the declaration of Diri by INEC as winner of the gubernatorial poll and declare him as the lawful winner of the election.

After taking arguments from the lawyers involved in the matter, Justice Garba Lawal deferred judgment till a date that would be communicated to parties.

The Supreme Court also on Monday heard the appeal that arose from the Kogi State governorship election held in November 2023. The apex court refused Murtala Ajaka’s request to constitute a full panel to hear his appeal.

The apex court proceeded and heard the appeal but reserved judgment to a date to be communicated to the parties. Ajaka, the governorship candidate of the Social Democratic Party in Kogi State had in appeal challenged the decision of Kogi State Governorships Election Petition Tribunal that affirmed the election of Gov. Ahmed Ododo.

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.

He said they had not received a response from the CJN.

But counsel to the Respondents kicked against the application and urged the court to proceed with hearing.

Emmanuel Ukala, SAN, representing the 3rd Respondent, APC, 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.

Joseph Daudu, SAN, who represented the 2nd Respondent, governor Ododo 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.

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.