The Supreme Court on Monday 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 the outcome of his request for a full panel to hear an issue raised in his appeal.
Ajaka and his party, are by their appeal marked: SC/CV/654/2024, praying the Supreme 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 election held on November 11 last year.
At the mention of the appeal on Monday, lawyer to Ododo and the SDP, Pius Akubo told the court that his client has 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.
Akubo said the appellants are by both paragraphs, paying 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.
Justice Garba further noted that the issue was one out of the three issues raised in the appeal.
He 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.
Akubo 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 adopted their briefs and prayed the court to dismiss the appeal and affirm the judgment of the Court of Appeal.
Justice Garba subsequently adjourned judgment till a date to be communicated to parties.
