By OFFOR CALLISTUS, Abuja –
A coalition, Global Center for Conscious Living Against Corruption has called on the Attorney- General of the Federation and the National Judicial Council to commence investigation on some alleged irregularities on the appeal court judgement which declared Jarigbe Agom Jarigbe as senator-elect, Cross River North Senatorial District by-election.
Recall that the three-man tribunal headed by Justice Chioma Iheme-Nwosu dismissed an earlier ruling by the Election Petition Tribunal, which declared Senator Stephen Odey the winner of that election.
But the coalition in a statement on Friday in Abuja, tittled: “Corruption In The Temple of Justice”, said it observed three (3) main mind burgling issues about the said judgement..
According to the statement: “In pursuant to Section 285 (13) of the 1999 Constitution (as amended). An Election Tribunal or Court shall not declare any person a winner at an election in which such a person has not fully participated in all the stages of the election thus rendering the order made on the 30th July, 2021 on INEC to issue certificate of return to Jarigbe Agom Jarigbe who admitted before the trial tribunal that he was not given INEC Nomination forms and that his name was not forwarded by PDP (his political party) to INEC as its candidate”.
“That pursuant to Section 141 of the Electoral Act, 2015 (as amended), an election tribunal shall not under any circumstances declare any person a winner at an election in which such a person has not fully participated in all the stages of the said election. Thus making the order of the Honourable court made on 30th July, 2021 on INEC to issue certificate of return to Jarigbe Agom Jarigbe who admitted on oath not to have been nominated pursuant to section 32 (1) of the Electoral Act 2015 (as amended) for the bye-election of Cross River North Senatorial district held on the 5th December, 2020 and his name not forwarded by his political party to INEC as its candidate is without jurisdiction and illegal”.
The coalition, however, noted that Jarigbe did not file a cross petition and so cannot be entitled to any relief of the court of Appeal warranting his being declared a winner of the election.
It also alleged that Justice Nwosu-Iheme who presided over the matter was very hostile in court on the 30th of July, 2021.
“Her Lordship shouted down on all the counsels in court and allowed only the counsel to Hon. Jarigbe to address the court. This raises a lot of curiosity”.
“If not for corruption, how could a Justice of the court of Appeal Jettison Section 285 (13) of the 1999 constitution (as amended)? How could a justice jettison Section 141 of the Electoral Act 2015 (as amended)?
“How could a Justice use a pre-election matter for which Senator Odey and even the PDP, (a party Hon. Jarigbe claimed to have won a primary election) not joined in the matter held in Abuja (a court without jurisdiction) to determine an election matter thus violating and contradicting thefundamental principles of elementary law”.
“For the first time in the history of Nigeria, an election tribunal delivered a judgment in so much hurry. It commenced sitting on Tuesday and ruled on Friday. There were three (3) appeals with all the processes, objections, motions, etc., with very voluminous documents. These documents were not read nor even opened”. The statement said.
The coalition, therefore, urged The National Judicial Council (NJC) to probe the presiding judge, Justice Nwosu-Iheme on this clear case of ‘ABRAKATABRA’ judgement never seen nor heard in the history of the Federal republic of Nigeria.
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