The Supreme Court has reserved judgment on the appeal filed by Murtala Ajaka, the Social Democratic Party (SDP) candidate in the Kogi governorship election, challenging the decisions of both the tribunal and the Appeal Court.
Earlier, the court had denied Ajaka’s counsel’s request for a full panel to hear the appeal. On Monday, Pius Akubo, SAN, argued that a full panel should be constituted, citing Paragraphs 4.28 and 4.29 of the appellant’s brief. He requested an increase in the current five-member panel to seven justices, but the Chief Justice of Nigeria had not yet responded.
Respondents’ counsel opposed this application, urging the court to proceed with the hearing. Emmanuel Ukala, SAN, representing the All Progressives Congress (APC), the third respondent, argued that a five-member panel was sufficient to handle such applications. This view was supported by Chief Kanu Agabi, SAN, for the Independent National Electoral Commission (INEC), the first respondent, and Joseph Daudu, SAN, for Governor Usman Ododo of APC, the second respondent.
Justice Garba Lawal, leading the five-member panel, ruled that election appeals are time-sensitive and that the five-member panel had the jurisdiction to decide on the appeal.
During the proceedings, Daudu moved to strike out certain grounds in the appellant’s notice of appeal and presented a preliminary objection challenging the appeal’s competence. Akubo, in his submission, urged the court to overturn the Court of Appeal’s judgment and declare Ajaka as the duly elected governor of Kogi.
Agabi, representing INEC, argued for the dismissal of the appeal, noting that Ajaka himself had deemed the election invalid. Daudu also urged the court to reject the appeal and all associated requests.
Justice Lawal announced that judgment would be reserved and a date would be communicated to the parties involved.