The Abuja division of the Court of Appeal on Thursday affirmed the declaration of Jarigbe Agom as the duly elected candidate of the Peoples Democratic Party (PDP) for the Cross River North senatorial bye election that held on Saturday, December 5, 2020.

Justice Binta Mohammed of the High Court of the Federal Capital Territory (FCT) had in her judgment declared Jarigbe as the valid candidate of the party for the senatorial bye election.

Dissatisfied, his challenger, John Alaga approached the Court of Appeal to set aside the judgment of the trial court.

However, in a unanimous judgment, the appellate court dismissed the appeal as frivolous, vexatious and abuse of court process.

Justice Peter Ige held that having not participated in the primary election of the party, the appellant lacked the locus standi to institute the suit.

“The appellant lacked the locus standi to institute the suit in the first place. I wonder why the trial court did not make pronouncement on this. Only a person who participated in the primary election or a political party that has the power to challenge the outcome of the election and not a third party who did not participate in the election.

” There is no evidence before the court that the appellant participated in the primary election. He only exhibited his party card and no other exhibit. The action of the appellant is a cross abuse of the court process.

Justice Ige further held that the facts stated by the respondents to the appeal in their affidavit evidence are well founded and have not been contradicted by the appellant.

“The materials put forward by the 1st and 2nd respondents have dislodged the evidence adduced by the appellant.

The court also held that the appellant did not prove allegations of forgery which is criminal in nature and needed to be proved beyond reasonable doubt.”

The court accordingly dismissed the appeal for lacking in.merit and award a cost of N250, 000 against the appellant in favour of the 1st respondent and N100,000 in favour of the 2nd defendant.

In his suit No. CV/77/2020, the claimant, John Alaga had urged the court to disqualify the candidature of Jarigbe on strength of the alleged false information and other allegations.
But in his judgment, Justice Mohammed sitting in court 27, Apo division of the FCT High Court held that the claimant has failed to prove his case.

Justice Binta Mohammed had in her judgment, held that contrary to the claim of the claimant, John Alaga, the defendant (Jarigbe) did not supply any false information to the Independent National Electoral Commission (INEC) in his INEC Form CF001 by purporting to have sat for / and or obtained educational qualification making him eligible to contest for the Cross River North Senatorial Bye election.

The court also held that the Cross River North Senatorial primary election of the PDP wherein Jarigbe (1st defendant) was nominated as the Senatorial candidate was conducted with the authentic list of the Ward and Local Government Area Executives of the party.
Justice Mohammed further held that “the first defendant having won the highest number of valid votes at the said primary election is validly nominated as the candidate of the PDP for the Cross River North Senatorial Bye election scheduled to hold on October 31, 2020 or any other date.
That the primary election of the PDP for the Cross River North Senatorial held on September 5, 2020, was duly nominated by INEC (2nd defendant) and therefore valid and in accordance with the law.

The Court therefore directed INEC, sued as the second Defendant, to include and publish the name of Hon. Jarigbe on the list of candidates for the bye election scheduled for 5th December, 2020. The INEC was also further ordered to give Hon. Jarigbe every other rights and privileges pertaining to his lawful qualification and nomination as the PDP candidate.
https://www.sunnewsonline.com/breaking-appeal-court-affirms-jarigbe-as-pdp-candidate-for-cross-river-north-senatorial-bye-election/
Lalasticlala
Mynd44

Fergie,where are you.I was just about to post this from pointblanknews.up jarigbe,up apc.

senatordave1:
Fergie,where are you.I was just about to post this from pointblanknews.up jarigbe,up apc.

Please read the case very well.

Odey isn't a party to the suit.

Joe agi must be jubilating seriously.

fergie001:

Please read the case very well.

Odey isn't a party to the suit.

Pdp is a party to the suit

senatordave1:


Pdp is a party to the suit

They didn't enter appearance.

https://www.nairaland.com/6294688/court-declares-jarigbe-pdp-candidate#96696738
High Court judgement up there.


It is just like Ararume going to Court with his faction's result.

fergie001:

They didn't enter appearance.

https://www.nairaland.com/6294688/court-declares-jarigbe-pdp-candidate#96696738
High Court judgement up there.


It is just like Ararume going to Court with his faction's result.

It doesn't matter.it will affect them

senatordave1:


It doesn't matter.it will affect them

There was no need for them to enter appearance because Jarigbe wasn't their candidate, moreover, the case at hand wasn't who won the Primaries....their appearance would have solidified whatever Jarigbe claims.

Alaga is an acolyte of Jarigbe's and intends to do an Uche Nwosu.
He will appeal to the Supreme Court, just watch.

The only way Jarigbe can win is if he can prove that delegates that voted were not part of the list. (i.e. his original case)

Yawns.

fergie001:

There was no need for them to enter appearance because Jarigbe wasn't their candidate, moreover, the case at hand wasn't who won the Primaries....their appearance would have solidified whatever Jarigbe claims.

Alaga is an acolyte of Jarigbe's and intends to do an Uche Nwosu.
He will appeal to the Supreme Court, just watch.

The only way Jarigbe can win is if he can prove that delegates that voted were not part of the list. (i.e. his original case)

That is why I said that it is Joe SGI's victory

senatordave1:

That is why I said that it is Joe SGI's victory

The disputations surround the Primaries.

I don't see how.

Odey's case is about the Primaries, and the Court said he is validly nominated. (substance of the case)
https://www.nairaland.com/6295091/court-affirms-odey-pdp-candidate#96705595

fergie001:

The disputations surround the Primaries.

I don't see how.

Odey's case is about the Primaries, and the Court said he is validly nominated. (substance of the case)
https://www.nairaland.com/6295091/court-affirms-odey-pdp-candidate#96705595

Yes but did not participate in all stages

Like play like joke Joe Agi will win. As it stands PDP has no candidate.

senatordave1:

Yes but did not participate in all stages

Odey participated in all stages. Odey is the candidate.

What you bring yo the Court is what the Courts take?
When Nwosu presented to late Justice Ashi that he was APC's candidate in 2018.....it was upheld.

Odey is the candidate....every case for or against surrounds the candidacy of the PDP.

INEC even declared him (not Party) winner.
https://www.pulse.ng/news/politics/inec-declares-pdps-odey-winner-of-cross-river-north-senatorial-bye-election/plwz5h3.amp

fergie001:

Odey participated in all stages. Odey is the candidate.

What you bring yo the Court is what the Courts take?
When Nwosu presented to late Justice Ashi that he was APC's candidate in 2018.....it was upheld.

Odey is the candidate....every case for or against surrounds the candidacy of the PDP.

INEC even declared him (not Party) winner.
https://www.pulse.ng/news/politics/inec-declares-pdps-odey-winner-of-cross-river-north-senatorial-bye-election/plwz5h3.amp

That's what am saying.if the supreme court affirms jarigbe,pdp is out

senatordave1:


That's what am saying.if the supreme court affirms jarigbe,pdp is out

Have you forgotten the SC affirmed Nwosu as AA candidate?

The issue of valid candidacy is settled....that is the one that matters.

Ok since the Appeal Court says his Certificate is in order....Can he go get the Certificate of Return?

fergie001:

Have you forgotten the SC affirmed Nwosu as AA candidate?

The issue of valid candidacy is settled....that is the one that matters.

Ok since the Appeal Court says his Certificate is in order....Can he go get the Certificate of Return?

You are not getting it.from what the appeal court just said,the apex court will likely rule same.you said there is another case by jarigbe which is similar to this meaning he is likely to win it.as far as jarigbe wins all his cases at the apex court,agi automatically benefits.I dont know why you are confused

Gather here if you came to watch those lawyers arguing above

senatordave1:


You are not getting it.from what the appeal court just said,the apex court will likely rule same.you said there is another case by jarigbe which is similar to this meaning he is likely to win it.as far as jarigbe wins all his cases at the apex court,agi automatically benefits.I dont know why you are confused

Jarigbe's other case isn't similar to this.
I never said that.

He is contending that the delegates list wasn't used.
It is you getting it wrong.
If he wins that case, Agi wins.

Ok....let's do this...since Appeal Court has ruled that Jarigbe has no issues with his paper....INEC should give him Certificate of return nah.
...
You already are familiar with the Nwosu case which is similar to this.

Is better for Joe Agi to win than for Stephen Odey to steal the mandate of the party. His touts killed two people. God will punish him.

2023 the only way for Joe Agi to win is to bribe the whole wards with very large sum of money . If not PDP will win again.

fergie001:

Jarigbe's other case isn't similar to this.
I never said that.

He is contending that the delegates list wasn't used.
It is you getting it wrong.
If he wins that case, Agi wins.

Ok....let's do this...since Appeal Court has ruled that Jarigbe has no issues with his paper....INEC should give him Certificate of return nah.
...
You already are familiar with the Nwosu case which is similar to this.

Ok,the confusion is from the appeal court.it failed to give a consequential order like the high court.it failed to touch on the delegates list and the matter of who is pdp candidate.maybe the supreme court will clear that

senatordave1:



Ok,the confusion is from the appeal court.it failed to give a consequential order like the high court.it failed to touch on the delegates list and the matter of who is pdp candidate.maybe the supreme court will clear that

EXACTLYYYYYYYYYYYY

fergie001:

EXACTLYYYYYYYYYYYY

This case will be handled like how they handled Amaechi case.

wickyyolo:


This case will be handled like how they handled Amaechi case.

Nwosu, rather

fergie001:

Nwosu, rather

You’re just emotional with the whole case .
Good luck

wickyyolo:


You’re just emotional with the whole case .
Good luck

Emotional with which case, and you are not?
You said the case will be like Amaechi's and I said Nwosu preferably.

How is this case related to Rotimi Amaechi's?

Very funny.