Cross River North seat: Appeal Court to hear applications against own judgment

By Nsa Gill, Calabar

The Court of Appeal sitting in Abuja will today hear applications filed by the candidate of the All Progressives Congress (APC) in the December 5, 2020 by-election for Cross River North Senatorial seat, Joe Agi, SAN, as well as from Senator Steven Odey of the Peoples Democratic Party (PDP).

Agi, SAN and Senator Odey both lost out in the judgment delivered by the Appeal Tribunal in Calabar on July 30, which declared Jarigbe Agom Jarigbe, also of the PDP, as the lawful candidate of the party for the by-election, therefore, the senator-elect for the seat.

Agi and Odey are crying foul over the Appeal Tribunal judgment. While Agi is asking for a review, Odey wants the judgment, which ousted him from the Senate, to be set aside.

In the application due to be heard today in Abuja, Agi in the court documents said his motion is pursuant to Section 6(6), 246(3) of the 1999 Constitution –(as amended and Order 6 Rule 12: Order 19 Rule 4) of the Court of Appeal Rule s 2016 and under the inherent jurisdiction of the court.

He asked the court “to amend, correct and or set aside the order made in her judgment of July 30, which directed that Jarigbe be issued the Certificate of Return by the Independent National Electoral Commission (INEC).

In the application Agi is arguing that to return a person who did not participate in all stages of the election is in breach of the Constitution and the Electoral Act.

Also that Jarigbe did not file a cross petition and so cannot be entitled to any relief of the court warranting his being declared a winner of the election.

He insisted that the Court of Appeal judgment of July 30 was in error and should be reviewed and corrected to return him as the winner, having scored the highest lawful vote in the by-election in which the PDP had no lawful candidate.

Senator Odey insisted that the July 30 judgment was in error because  Jarigbe did not file a cross petition and so cannot be entitled to any relief of the court warranting his being declared a winner of the election.

He said he polled the highest votes in the election as declared by INEC and he was duly sponsored by his party, PDP.