The Appeal Court in Cross River has declared Jarigbe Ajom Jarigbe, the member representing Ogoja/Yala Federal Constituency winner of the Cross River State northern senatorial district elections held last December.
Recall that on June 18, 2021, a three man tribunal presided over by Justice Yusuf Ubale Mohammed affirmed Senator Stephen Odey as the duly elected senator for the northern district of Cross River State as against the judgement of the Supreme Court on February 25, 2021, which recognized Jarigbe Jarigbe as the bonafide candidate of the Peoples’ Democratic Party, PDP.
However, the three-man Appeal Court panel led by Justice Chioma Iheme-Nwosu dismissed the ruling of the Tribunal, which declared Senator Odey winner.
The Judgment
In Suit No CAL/C/NAEA/SEN/167/2021, the court faulted the Tribunal for setting aside the judgment of the Supreme Court, describing the action as an affront on the higher courts and “judicial rascality.”
Iheme-Nwosu said, “it is our humble and firm view that the issue calls for consideration whether the tribunal was right to jettison the decision of the High Court, Appeal Court and Supreme Court and declare the first Respondent, Odey, as validly elected.
“The tribunal is bound by the decisions of superior courts on the same issue. The law does not allow the tribunal to take a different position as the law has already affirmed that Jarigbe is the candidate validly sponsored.
“The Election Tribunal has no right to determine the candidate of the party as it is a pre-election issue. We are bound by the decisions of previous courts and return Jarigbe Ajom Jarigbe as the Senator Elect for Cross River North.”
The judge further read, “INEC is hereby ordered to issue a Certificate of Returns to Jarigbe Jarigbe and that of Stephen Odey withdrawn.
“The judgment of the Election Tribunal is hereby set aside,” Justice Iheme-Nwosu stated.
Confirmation of victory
Reacting to the ruling, a chieftain of the PDP, Venatius Ikem, who was at the court, described this feat as a victory for the party in Cross River State.
Ikem stated, “we (PDP) have been through so much and we thank the courts. Despite the attempts to manipulate the processes and subvert justice, today justice has finally been served.
“This is a confirmation of the rightful candidate for the PDP. So it is three – over – three for the PDP; we hold the three senators, we hold the majority of the national assembly members, we hold the state. Cross River State is PDP.
It goes to confirm that the impunity we were subjected to has finally come to an end.”
On May 21, 2020, sequel to the demise of former Senator Rose Okoh, the Independent National Electoral Commission, INEC, had declared the Cross River north senatorial seat vacant and conducted a bye-election on Saturday December 5, 2020 across five local government areas – Ogoja, Bekwara, Obanliku, Obudu, and Yala.
Suzan O
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