The Appeal Court, Abuja Division adjourned a hearing on appeals for review of the tribunal-appeal judgment by Joe Agi and Stephen Odey to Thursday 12 August 2021.
The Court of Appeal sitting in Abuja, today heard 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 another from Senator Steven Odey of the Peoples Democratic Party (PDP).
Agi, SAN and Odey both lost out in the judgment delivered by the Appeal Tribunal in Calabar on July 30, which declared Jarigbe Agom Jarigbe, 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 two applications read 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 Rules 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 re-issued the Certificate of Return by the Independent National Electoral Commission (INEC).
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.
Dr Steven Odey insisted that the July 30 judgment was in error because Jarigbe did not file a cross-petition and 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.
Senator-elect Jarigbe’s counsel argued that counsels to Joe Agi and Steven Odey didn’t serve him or his client their motions properly and so, therefore, prayed the court to adjourn the matter.
The court adjourned till Thursday 12th August 2021, unfailingly for Hearing.
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