Galaxy Television Menu

Diri, INEC, PDP ask Supreme Court to dismiss Silva, APC'S Appeal

Diri, INEC, PDP ask Supreme Court to dismiss Silva, APC'S Appeal

Bayelsa State Governor, Douye Diri has asked the Supreme Court to dismiss the appeal brought against his election by the governorship candidate of the All progressives Congress APC in the Bayelsa gubernatorial poll. 

 

Diri insisted before the apex court that Sylva's appeal was terribly bad beyond redemption as no witness or documents supported his request being made at the court. 

 

At Monday's proceedings, Governor Diri, represented by Chris Uche SAN maintained that the appeal was devoided of merit and should be dismissed in its entirety. 

 

The Independent National Electoral Commission INEC represented by Charles Edoshomwan, People's Democratic Party PDP represented by Tayo Oyetibo SAN all supported the call for the dismissal of the appeal for want of merit. 

 

However, Sylva represented by Onyechi Ikpeazu SAN pleaded with the Justices to set aside the judgments of the Bayelsa State Governorship Election Petition and the Court of Appeal which had earlier dismissed his petition. 

 

Sylva specifically asked the Supreme Court to invalidate the declaration of Diri by INEC as winner of the gubernatorial poll and declare him as the lawful winner of the election. 

 

After taking arguments from the lawyers involved, Justice Garba Lawal deferred judgment till a date that would be communicated to parties.

 

In another development, the Supreme Court, has reserved judgment in the appeal filed against the Tribunal and Appeal Court judgements by the candidate of the Social Democratic Party in the Kogi Governorship election, Muritala Ajaka, to a date that will be communicated to the parties.

 

The Apex Court also declined a request by Ajaka's counsel for the constitution of a full panel to hear and determine his appeal.

 

At the hearing on Monday, Pius Akubo, SAN told the court that he had applied to the Chief Justice of Nigeria to allow a full panel of the Supreme Court to hear the appeal in view of paragraphs 4.28 and 4.29 of the Appellant's Brief of Argument. 

 

He said they had not received a response from the Chief Justice of Nigeria.

 

Counsel to the Respondents kicked against the application and urged the court to proceed with hearing. 

 

Emmanuel Ukala, SAN, representing the 3rd Respondent, APC, argued that there was a decision of the Supreme Court that a five-man panel could take an application for departure from a previous decision.

 

In a short ruling, Justice Garba Lawal, who led the five-man panel, held that election appeals are time-bound and that the court constituted as a five-member panel had the jurisdiction to determine the appeal as presented.

 

The five-member justices of the Apex Court therefore proceeded with the hearing of the appeal.

 

Related Articles


The following 6 pages may interest you as well: