The Supreme Court on Monday, reserved judgement on two appeals dwelling on confirming the authenticity of candidate of the Peoples Democratic Party PDP in the Cross River North Senatorial byelection held on December 5,2020.
Senator Stephen Adi Odey and House of Representatives member, Jarigbe Agom Jarigbe are both claiming to be authentic candidate of the Peoples Democratic Party ( PDP).
However,a seven -man panel of the court headed by Justice Musa Daitjo Mohammed announced that the date for judgement would be communicated to parties after counsels to parties adopted their wriiten arguments.
At Monday’s proceedings, the court heard the appeal filed by Odey marked SC/ CV/9/2021.with John Alaga, Jarigbe and the Independent National Electoral Commission INEC as respondents.
In the appeal, Odey through his lead counsel,Wole Olanipekun is asking the court to set aside the Court of Appeal judgement of December 17,2020 directing INEC to recognise Jarigbe as the candidate of the PDP for the by-election
Odey said he won the party primary conducted on September 5,2020 securing 450 votes while Jarigbe scored 90 votes ..Jarigbe subsequently challenged the outcome of the election at the Federal High Court Port Harcourt
According to him, the suit by Jarigbe was later transferred to the Calabar Division of the Federal High Court.
He said while Jarigbe’s case was pending,Odey dragged INEC to court for delaying to publish his name as the PDP’s candidate weeks after the party submitted his name to the Commission as the winner of the primary.
Odey stated that the Federal High Court in Calabar delivered judgement on December 3,2020, affirming him as the authentic candidate of the PDP and made an order of perpetual injunction restraining INEC from interfering with his candidacy.while striking out Jarigbe’s case for lack of jurisdiction.
He said based on the courts decision,he contested the by-election on December 5 and was declared winner and
sworn in on December 16,2020 as Senator representing Cross River North Senatorial District.
He said he was shocked to learn the next day December 17,2020, that the Appeal Court in Abuja upheld an order made by a High Court of the Federal Capital Territory( FCT )Abuja,directing INEC to accept Jarigbe as the candidate of the PDP for the same election he won , upon which he was sworn in.
Odey said the Court of Appeal erred in its December 17 judgement by failing to set aside the consequential orders made by the trial court including ordering INEC to recognise Jarigbe as the candidate of the PDP despite knowing that the court has no jurisdiction to entertain the matter.
