The Supreme Court on Monday, reserved judgment in the appeal filed against the tribunal and Appeal Court judgements by Murtala Ajaka, candidate of the Social Democratic Party (SDP) in the Kogi governorship election.
Earlier, the apex court declined a request by Ajaka’s counsel for the constitution of a full panel to hear and determine his appeal.
At the hearing on Monday, Pius Akubo, SAN, told the court that he had applied to the Chief Justice of Nigeria (CJN) 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.
Akubo had argued that the five-member panel presently constituted should be increased to seven justices.
He said they had not received a response from the CJN.
But lawyers to the respondents kicked against the application and urged the court to proceed with hearing.
Emmanuel Ukala, SAN, representing the All Progressives Congress (APC), the 3rd respondent, 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.
Ukala’s submission was supported by Chief Kanu Agabi, SAN, who appeared for Independent National Electoral Commission (INEC), the 1st respondent, and Joseph Daudu, SAN, who represented Gov. Usman Ododo of APC, the 2nd respondent 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 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.
Daudu, who represented the 2nd 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.
Akubo, while adopting his processes, 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.
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.
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.
