The Supreme Court on Monday, refused to grant the request of the Social Democratic Party governorship candidate in Yakubu Ajaka, in the last election in Kogi State.
The apex court dismissed his application urging the court to await the outcome of his request for a full panel to hear an issue raised in his appeal.
In his ruling, Justice Mohammed Garba, who presided over a five-member panel, noted that the issue in respect of which the appellants seek a full panel was a fraction of the entire appeal.
Ajaka and his party are in an appeal marked: SC/CV/654/2024, praying to the apex Court to vacate the decisions of the lower Courts, both the judgment of the court of Appeal and that of the Kogi State election petition tribunal which upheld the victory of Ahmed Ododo of the All Progressives Congress in the state guber election.
At the resumed hearing of the appeal, the lawyer who appeared for Ajaka and the SDP, Pius Akubo told the court that his client had written the Chief Justice of Nigeria 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 appellants’ brief of argument.
Akubo said the appellants are by both paragraphs, praying the court to depart from previous decisions in determining their appeal.
Lawyers to the respondents, Kanu Agabi for the Independent National Electoral Commission, Joseph Daudu for Ododo and Emmanuel Ukala for the APC, all described the application as unnecessary and urged the court, as presently constituted, to proceed to hear the appeal.
Garba further noted that the issue was one out of the three issues raised in the appeal and the court, as presently constituted, could hear and determine the appeal.
He called on Akubo to proceed with the hearing of the appeal.
Akubo identified his 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.
The respondents’ counsel, 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 subsequently adjourned judgment till a date to be communicated to all parties involved.
