APPEAL COURT COMMENCE REVIEW PROCESS TO DETERMINE WINNER OF CROSS RIVER NORTH SENATORIAL SEAT.
The Court of Appeals earlier today commence proceedings in Abuja to hear on the appeals of two contentious separate applications seeking a review of judgment of its Calabar division which declared an incumbent House of Representatives member, Agom Jarigbe as winner of the December 5, 2020 bye-election for Cross River North Senatorial District.
In the first appeal with number CA/C/195/2021 filed on August 4, 2021, the appellants/applicants (Joe Agi and APC) are praying the court for an order to amend, correct and /or set aside the order of the court on INEC “to issue the certificate of return wrongly issued to the 2nd respondent”, Agom Jarigbe.
They are also praying for another order to set aside the order of the appellate court issued on July 30, which dismissed their appeal against the election of Odey for lacking in merit.
In the second appeal marked CA/C/199/2021, filed on August 6, 2021, the first respondent (Stephen Odey), is urging the appellate court to set aside its own judgment in the consolidated appeal, which allowed the appeal of Jarigbe in suit number CA/C/NAEA/SEN/169/2021, which declared Jarigbe as the winner of the bye-election for the Cross Rivers North Senatorial District of Cross Rivers state.
The five-member panel of the Court of Appeal, Abuja led by Justice Chioma Nwosu-Iheme, who was also the lead counsil on July 30, 2021, in Calabar arrived at 3:33pm at the Court of Appeals Headquarters to commence hearing of the two appeals, by incumbent senator, Stephen Odey and Mr Joe Agi, SAN of the All Progressives Congress (APC).
However, the defense council of Hon. Jarigbe Prayed the court to strike out both appeals giving her reasons that, the first appeal by Joe Agi, SAN lacks merit and not worthy of review, because even the Apex court has confirmed the candidature of Hon Jarigbe Agom before the Tribunal.
On the second appeal, the defense council Prayed the honourable court not to entertain the appeal, because it goes against the constitution of the appeal court which states that ” a judgement must last for atleast 14days before a motion for review, setting aside, or any other lacuna can be entertained” hence, the court is not suppose to even welcome such an appeal for hearing.
However, the court reserves ruling in both cases, stating that all parties will be communicated in due course on or before Saturday 14th of August 2021 which is the last date for the duration of the legal tussle.
