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Supreme Court reserves judgments in Bayelsa, Kogi, Imo guber disputes

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The Supreme Court has reserved judgment over 10 appeals filed in disputes over the last governorship elections held on November 11, 2023, in Bayelsa, Kogi, and Imo states.

A five-member panel, presided over by Justice Mohammed Lawal Garba, heard the appeals on Monday

The judges told parties that they would be informed when the judgments are ready.

The first two appeals heard on Monday were those filed by the Social Democratic Party (SDP) and candidate Yakubu Muritala Ajaka (marked: SC/CV/654/2024) and the Action Alliance (AA) and its candidate, Olayinka Baimoh (marked: SC/CV/653/2024).

The SDP, the AA, and their candidates are, by their appeals, 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.

At the mention of the appeal on Monday, lawyer to Ododo and the SDP, Pius Akubo (SAN) told the court that his clients wrote 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 appellant’s brief of argument.

Akubo said the appellants are by both paragraphs, paying the court to depart from its previous decisions in determining their appeal.

He said the appellants were currently waiting for the CJN’s response to their request.

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 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.

 

He said the appellants were currently waiting for the CJN’s response to their request.

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 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.

Akubo subsequently identified the appellants’ 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 adjourned judgment till a date to be communicated to the parties.

Lawyer to the AA and its candidate, Kola Olowookere equally adopted his clients’ briefs and urged the court to void Ododo’s victory.

Lawyers to INEC, Ododo, and the APC, including Friday Izinyon and Uchenna Njoku urged the court to dismiss the appeal for lacking in merit.

In respect of Bayelsa State, six appeals and cross-appeals were filed in respect of the Court of Appeal’s judgments in the cases instituted by the APC and its candidate, Timipre Sylva, and the National Rescue Movement (NRM) and its candidate, Micah Akeems.

Upon agreement by lawyers in the appeals and cross-appeals relating to the case by the APC and Sylva, the court heard the first appeal, marked: SC/CV/648/2024 with the understanding that the judgment shall be applied to the other four.

The other four are marked: SC/CV/650/2024, SC/CV/650A/2024, SC/CV/650B/2024 and SC/CV/650C/2024.

Sylva and Akeems are playing the Supreme Court to void the re-election of Duoye Diri of the Peoples Democratic Party (PDP).

In relation to Imo State, the Supreme Court heard the appeals by the PDP and its candidate, Samuel Anyawu, and the Labour Party (LP) and its candidate, Athan Achonu.

The apex court equally reserved judgments till a date to be communicated to parties.

The court dismissed the appeals by the Accord Party and Allied Peoples Movement (APM) for being unmeritorious and awarded N1 million cost against each of the appellants.

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