The Supreme Court has rejected Mr. Yakubu Ajaka’s request to suspend his appeal pending the constitution of a full panel to hear a key issue in the Kogi State governorship election dispute.
In their appeal marked SC/CV/654/2024, Ajaka and his party, the Social Democratic Party (SDP), are urging the Supreme Court to set aside the concurrent decisions of the Court of Appeal and election tribunal that upheld the victory of Gov. Ahmed Usman Ododo of the All Progressives Congress (APC) in the November 11, 2023 poll.
When the appeal was mentioned on Monday, Mr. Pius Akubo (SAN), counsel for Ododo and the SDP, informed the court that his client had written to the Chief Justice of Nigeria (CJN) requesting a full panel to hear specific issues mentioned in paragraphs 4.28 and 4.29 on page 16 of the appellants’ brief of argument.
Akubo stated that through paragraphs 4.28 and 4.29, the appellants are urging the court to deviate from its earlier rulings when considering their appeal.
Counsel to the respondents—Mr. Kanu Agabi (SAN) for the Independent National Electoral Commission (INEC), Mr. Joseph Daudu (SAN) for Ododo, and Mr. 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.
In his ruling, Justice Mohammed Lawal Garba, who led the five-member panel, observed that the issue for which the appellants requested a full panel was only a small part of the overall appeal.
Garba additionally observed that the issue in question was only one of three raised in the appeal and ruled that the current panel was competent to hear and decide the case.
He then asked Akubo to proceed with the appeal hearing.
Akubo identified his briefs, adopted them, and urged the court to allow the appeal, set aside the Court of Appeal’s decision, and declare Ajaka as Kogi State’s duly elected governor.
Counsel for the respondents, Agabi, Daudu, and Ukala, adopted their written submissions and urged the court to dismiss the appeal and uphold the Court of Appeal’s decision.
Justice Garba then adjourned the case, reserving judgment for a later date to be communicated to all parties.
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