Jarigbe Wins Again In Review Appeal As Court Fines Odey N1m

Jarigbe Wins Again In Review Appeal As Court Fines Odey N1m

Appeal Court sitting in Abuja has reaffirmed Hon. Jarigbe Agom Jarigbe as the duly elected senator for Cross River North Senatorial By-Election.

The court insist that once the court has taken a decision brought before it, it cannot be reversed, as the said judgement takes effect immediately it is delivered…except to correct or amend in a manner that will not affect the ruling or it’s operative words.

According to the Appeal court, the appeal is a Gross-Abuse of the Court processes, and therefore the Court fines Joe Agi (SAN) and Stephen Odey N1m each.

A three-man appeal panel, headed by Justice Abubakar Datti Yahaya in a make or mar final judgment of the court.

The Justice maintained that the applicants were not sincere with their application, they only came to contrive the Judgement because the Appeal tribunal judgement wasn’t favourable to them. “This court cannot revisit its Judgement”

In Court documents sighted by our correspondent show that Mr. Agi who brought his motion pursuant to Section 6(6), 246(3) of the 1999 Constitution of the Federal Republic of Nigeria (as altered) as well as Order 6 Rule 12 and Order 19 Rule 4 of the Court of Appeal Rules 2016 and under the inherent jurisdiction of the Court, is seeking the Court to “amend, correct and or set aside the order made in her judgment of July 30, which directed that Jarigbe be re-issued the Certificate of Return by the Independent National Electoral Commission (INEC).”

Summarily, he argued that the 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 having claimed that the PDP had no lawful candidate.

For Odey, the July 30 judgment was in error because Mr. 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 is asking the Court to set aside that judgment since he polled the highest votes in the election as declared by INEC and was duly sponsored by his party, PDP.

The panel headed by Chioma Nwosu-Iheme while delivering judgments had consolidated three appeals: CA/C/NAEA/SEN/167/2021, CA/C/NAEA/SEN/168/2021, and CA/C/NAEA/SEN/169/2021 of the National and State House of Assembly Election Petition Tribunal delivered on June 18, 2021, ordered the Independent National Electoral Commission (INEC) to issue Mr Agom Jarigbe certificate of return which the court held was wrongly withdrawn from him.

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Jarigbe Agom JarigbeSteven Odey