By Ike Uchechukwu, Calabar
Hearing on the election petition by the All Progressives Congress (APC) candidate, Mr Joe Agi, SAN against Dr Stephen Odey and Jarigbe Agom Jarigbe both of the People’s Democratic Party (PDP) over the winner of December 5, 2020, Cross River North Senatorial by-election commenced yesterday in Calabar with the tribunal admitting all the 27 exhibits tendered by the petitioner.
Some of the exhibits tendered include INEC form EC 60 E, Appeal and Supreme Courts judgements on Jarigbe versus John Alaga, INEC certificate of return to Odey of December 7th and Jarigbe on December 18 and others.
After the exhibits which are public documents and basically judgements of courts and documents listed in the Petitioners list of documents were admitted, counsel to Agi, Mr Mathew Burkaa called his first witness to testify out of the seven lined up but was vehemently objected by other counsels.
By Ebere Agozie
Abuja, Feb. 25, 2021 The Supreme Court on Thursday struck out Sen. Stephen Odey’s suit seeking to be declared the candidate of the Peoples Democratic Party (PDP) in the Dec. 5, 2020 by-election in Cross River North Senatorial District.
The apex court, in a four to three judgment, held that the appeal was defective and lacked merit.
Justice Centus Nweze who read the majority judgment held that Odey’s appeal was without merit and consequently struck out.
Odey filed the suit an at the apex court against the decision of the Court of Appeal, Abuja voiding his candidacy in the by-election.
However, the minority judgment delivered by Uwani Abba-Aji disagreed that the service of processes was defective, and that the processes were effectively served.
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The Supreme Court on Thursday, in a split decision of four to three Justices, struck out Senator Stephen Odey’s appeal seeking to be declared the authentic candidate of the Peoples Democratic Party (PDP) on December 5, 2020 by-election in Cross River North Senatorial District.
The apex court in the split decision held that the appeal was defective and lacked merit because the processes were wrongfully served.
Justice Centus Nweze who read the majority judgment held that Odey’s appeal was without merit and consequently struck out.
Senator Stephen Odey had filed an appeal at the apex court against the decision of the Court of Appeal, Abuja voiding his candidacy in the by-election.
TODAY
February 25, 2021
In a split decision, the Supreme Court, on Thursday, struck out an appeal Senator Stephen Odey filed to be declared the authentic candidate of the Peoples Democratic Party, PDP, in the Senatorial by-election that held in Cross River North on December 5, 2020.
Whereas three Justices on the seven-man panel that heard the matter, upheld Odey’s case, four other Justices held that the appeal was legally defective, and accordingly struck it out.
In the majority judgement that was read by Justice Centus Nweze, the apex court maintained that Odey’s appeal lacked merit.
It held that processes in the appeal were not properly served, stressing that service is a threshold issue in any litigation.