Cross River North Senatorial election: Appeal Court declines review on judgement

The Court of Appeal sitting in Abuja, Nigeria’s Capital upheld the decision of the Court of Appeal in Calabar that recognized Jarigbe Agom Jarigbe as the Senator elect.

It will be noted that on July 30, 2021, the Court of Appeal sitting in Calabar declared Jerigbe Agom Jarigbe of the Peoples Democratic Party PDP, as Senator-elect for Cross River North Senatorial District.

The All Progressives Congress APC and its candidate, Joe Agi, in an application asked the court to review and set aside a judgment delivered by the Calabar division of the court.

They argued that the judgment delivered on July 30 in Calabar violated the Nigerian constitution having been done without jurisdiction.

They also claimed among others that Jarigbe Agom Jarigbe who was returned as winner of the bye-election did not participate in all the stages of the election as required by law.

Ruling on the application, the President of the Court, Justice Monica Domgbem-Mensen dismissed it for being frivolous and lacking in merit.

Justice Domgbem-Mensen held that the appeal of the two appellants was brought in bad faith as it constituted a dangerous invitation to the court to set a bad precedent.

Ruling on the application, the President of the Court, Justice Monica Domgbem-Mensen dismissed it for being frivolous and lacking in merit.

Justice Domgbem-Mensen held that the appeal of the two appellants was brought in bad faith as it constituted a dangerous invitation to the court to set a bad precedent.

She further held that the applicants, APC and Joe Agi did not show the court any aspects of the law that empowered it to review its own judgment and set it aside other than where clerical typographical errors are discovered.

The court therefore held that the application is a gross abuse of court process, malicious and brought in bad faith to over-reach the court.

The Appellate Court, consequently ordered Odey to pay a sum of one million naira each to Joe Agi of the APC and Jarigbe Agom Jarigbe who are the 1st, 2nd, and 3rd respondents in the application.

Meanwhile, a separate application filled by ousted Senator Stephen Odey of the PDP was dismissed on the same ground that the court has no known law to set aside its own judgment.

Nneka Ukachukwu