The Abuja division of the Court docket of Enchantment on Tuesday rejected a software by the Individuals’ Democratic Get together (PDP) in search of a keep of execution of its judgment declaring Jarigbe Agom because of the duly elected candidate of the Get together for the Cross River North senatorial bye-election that held on Saturday, December 5, 2020.
The appellant courtroom equally refused the applying by the Social gathering looking for to be joined within the authorized dispute.
Not glad about the judgment, the PDP introduced a software praying for a keep of execution of the judgment.
However, in his ruling, Justice Stephen Adah declined the request together with its utility looking for joinder within the authorized dispute.
However, the courtroom granted the joinder utility introduced by the present occupant of the disputed senatorial seat, Senator Odeh searching for to be joined within the enchantment as an occasion and to allow him problem the judgment on the court docket of enchantment.
The appellant court docket agreed with Odeh that as a sitting Senator for the Cross River North Senatorial seat, the end result of the case will have an effect on his curiosity somehow.
Justice Binta Mohammed of the Excessive Court docket of the Federal Capital Territory (FCT) had in her judgment declared Jarigbe because of the legitimate candidate of the celebration for the senatorial bye-election.
Dissatisfied, his challenger, John Alaga approached the Courtroom of Enchantment to put aside the judgment of the trial court docket.
Nevertheless, in a unanimous judgment, the appellate courtroom dismissed the attraction as frivolous, vexatious and abuse of court docket course of.
Justice Peter Ige held that having not participated within the major election of the celebration, the appellant lacked the locus standi to institute the swimsuit.
The appellant lacked the locus standi to institute the swimsuit within the first place. I ponder why the trial courtroom didn’t make a pronouncement on this. Solely an individual who participated within the major election or a political celebration that has the facility to problem the end result of the election and never a 3rd celebration who didn’t take part within the election.
” There isn’t a proof earlier than the court docket that the appellant participated within the major election. He solely exhibited his occasion card and no different exhibit. The motion of the appellant is a gross abuse of the court docket course of.
Justice Ige additional held that the information said by the respondents to the attraction of their affidavit proof are properly based and haven’t been contradicted by the appellant.
“The supplies put ahead by the first and 2nd respondents have dislodged the proof adduced by the appellant.
The courtroom additionally held that the appellant didn’t show allegations of forgery which is the prison in nature and wanted to be proved past cheap doubt.”
The court docket accordingly dismissed the enchantment for missing in. advantage and award a value of N250, 000 in opposition to the appellant in favour of the first respondent and N100,000 in favour of the 2nd defendant.
In his go well with No. CV/seventy-seven/2020, the claimant, John Alaga had urged the court docket to disqualify the candidature of Jarigbe on the energy of the allegedly false data and different allegations.
However, in his judgment, Justice Mohammed sitting in courtroom 27, Apo division of the FCT Excessive Courtroom held that the claimant has didn’t show his case.
Justice Binta Mohammed had in her judgment, held that opposite to the declares of the claimant, John Alaga, the defendant (Jarigbe) didn’t provide any false data to the Unbiased Nationwide Electoral Fee (INEC) in his INEC Type CF001 by purporting to have sat for / and or obtained academic qualification making him eligible to contest for the Cross River North Senatorial Bye-election.
The courtroom additionally held that the Cross River North Senatorial major election of the PDP whereby Jarigbe (1st defendant) was nominated because the Senatorial candidate was performed with the genuine record of the Ward and Native Authorities Space Executives of the occasion.
Justice Mohammed additional held that “the primary defendant having received the very best variety of legitimate votes on the mentioned main election is validly nominated because of the candidate of the PDP for the Cross River North Senatorial Bye-election scheduled to carry on October 31, 2020, or another date.
That the first election of the PDP for the Cross River North Senatorial held on September 5, 2020, was duly nominated by INEC (2nd defendant) and subsequently legitimate and in accordance with the legislation.
The Court docket subsequently directed INEC, sued because the second Defendant, to incorporate and publish the identify of Hon. Jarigbe on the listing of candidates for the by-election scheduled for fifth December, 2020. The INEC was additionally additional ordered to provide Hon. Jarigbe each different rights and privileges pertaining to his lawful qualification and nomination because of the PDP candidate.