The Supreme Court of Nigeria has dismissed an application submitted by Yakubu Muritala Ajaka, the Social Democratic Party (SDP) candidate in the recent Kogi State governorship election, in which he sought to delay proceedings pending a decision on his request for a full panel of justices to hear a particular issue raised in his appeal.
This development marks a crucial moment in the ongoing legal contest surrounding the governorship election held on 11th November 2023.
Ajaka, along with his party, had filed an appeal with the Supreme Court, registered as SC/CV/654/2024.
Their appeal sought to overturn the concurrent decisions of both the Court of Appeal and the election tribunal, which had affirmed the victory of Ahmed Usman Ododo, the candidate of the All Progressives Congress (APC).
Ajaka’s legal team argued that these lower courts erred in upholding Ododo’s election, contending that the results did not reflect the true will of the electorate.
During the court session on Monday, Pius Akubo, counsel for Ajaka and the SDP, informed the court that his client had formally requested the Chief Justice of Nigeria (CJN) to constitute a full panel of justices to deliberate on specific issues detailed in Paragraphs 4.28 and 4.29 of the appellant’s brief of argument.
According to Akubo, these issues were of such significance that they warranted a departure from the Supreme Court’s previous decisions, a move that would require the input of a full bench.
However, the request faced opposition from the legal representatives of the respondents.
Kanu Agabi, Senior Advocate of Nigeria (SAN) representing the Independent National Electoral Commission (INEC), Joseph Daudu (SAN) acting on behalf of Ododo, and Emmanuel Ukala (SAN) representing the APC, all argued against the need for a full panel.
They asserted that the application was unnecessary and urged the court, as it was currently constituted, to proceed with hearing the appeal.
Justice Mohammed Lawal Garba, who presided over the five-member panel, delivered the ruling on this matter.
He observed that the issue for which Ajaka sought a full panel was merely a segment of the overall appeal, specifically one of three key issues raised.
Justice Garba emphasised that the court, in its present configuration, was fully capable of hearing and determining the appeal without any delay.
He therefore directed Akubo to proceed with the hearing.
Subsequently, Akubo proceeded to identify and adopt the briefs submitted on behalf of his client.
He urged the court to allow the appeal, overturn the decision of the Court of Appeal, and declare Yakubu Muritala Ajaka as the rightful governor-elect of Kogi State.
On the other hand, the legal representatives for the respondents—Agabi, Daudu, and Ukala—each adopted their respective briefs.
They argued in favour of the lower court’s decision and implored the Supreme Court to dismiss the appeal, thereby affirming the judgment that validated Ododo’s election victory.
The Supreme Court, after listening to all parties, decided to reserve its judgment, with Justice Garba announcing that a date for the final verdict would be communicated to the involved parties in due course.
This legal battle, rooted in the contentious Kogi State governorship election, has drawn significant attention due to its potential implications for the political landscape in the region.
Ajaka’s attempt to secure a full panel of justices for his appeal highlights the high stakes involved and the perceived importance of the issues at hand.
However, the Supreme Court’s dismissal of this request signifies a clear message that the current composition of the court is adequate to handle the complexities of the case.
As the nation awaits the Supreme Court’s final judgment, the case serves as a reminder of the critical role the judiciary plays in resolving electoral disputes in Nigeria.
The eventual ruling will not only determine the rightful occupant of the Kogi State governorship but may also set precedents for future electoral cases.
For now, both sides must await the court’s decision, which will ultimately bring this legal saga to a conclusion.
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