S’Court reserves judgment in Bayelsa guber dispute, rejects Ajaka’s request in Kogi

By Ameh Ochojila, Abuja

20 August 2024   |   2:48 am

The Supreme Court, yesterday, dismissed an application by the candidate of the Social Democratic Party (SDP) in the last governorship election in Kogi State, Yakubu Muritala Ajaka, urging the court to await outcome of his request for a full panel to hear an issueraised in his appeal.

 
Ajaka and his party, are by their appeal marked: SC/CV/654/2024, praying the apex court to set aside the concurrent decisions of the Court of Appeal and election tribunal, upholding the victory of Ahmed Usman Ododo of the All Progressives Congress (APC) in the November 11, 2023 poll.
  
At the mention of the appeal, counsel to Ajaka and the SDP, Pius Akubo (SAN) told the court that his client had written the Chief Justice of Nigeria (CJN) for the constitution of a full panel of the court to hear issues raised in Paragraphs 4.28 and 4.29, in page 16 of the appellants’ brief of argument.
  
He said the appellants, are by both paragraphs, praying the court to depart from its previous decisions in determining their appeal. Lawyers to the respondents – Kanu Agabi (SAN) for the Independent National Electoral Commission (INEC), Joseph Daudu (SAN) for Ododo, and Emmanuel Ukala (SAN) for the APC – all described the application as unnecessary, and urged the court, as presently constituted, to proceed to hear the appeal.
 
Ruling, Justice Mohammed Lawal Garba, who presided over the five-member panel, noted that the issue, in respect of which the appellants seek a full panel, was a fraction of the entire appeal.He noted that the issue was one out of the three raised in the appeal.
  
The judge held that the court, as presently constituted, could hear and determine the appeal. Justice Garba then called on Akubo to proceed with the hearing of the appeal.
  
He, therefire, identified his briefs, adopted them, and urged the court to allow the appeal, set aside the decision of the Court of Appeal, and declare Ajaka as the duly elected governor of Kogi State.

On their part, Agabi, Daudu, and Ukala, all Senior Advocates of Nigeria (SANs), adopted their briefs and prayed the court to dismiss the appeal and affirm the judgment of the appellate court.

  
The presiding judge subsequently adjourned judgment till a date to be communicated to all parties in the suit.In a related development, Bayelsa State Governor, Douye Diri, has asked the apex court to dismiss the appeal brought against his election by the All Progressives Congress (APC) candidate, Timipre Sylva.  He insisted that Sylva’s appeal was beyond redemption, noting that no witness or document supported his request. 
  
At yesterday’s proceedings, Diri, represented by Chris Uche (SAN), maintained that the appeal was devoid of merit, and should therefore, be dismissed in its entirety. 
 
Counsel to INEC and Peoples Democratic Party (PDP), Charles Edosomwan (SAN),  and Tayo Oyetibo (SAN), all supported the call for the dismissal of the appeal for want of merit. 
  
However, Sylva, 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. 
  
He specifically asked the apex court to invalidate Diri’s declaration as winner of the gubernatorial poll and declare him as the lawful winner of the election. 
 
 After taking arguments from the lawyers, Justice Garba Lawal deferred judgment till a date to be communicated to the parties.