The Court of Appeal has dismissed Senator Stephen Odey, who represents Cross River North.
The argument that member representing Obudu/Yala Federal Constituency Hon. Jerigbe Jarigbe of the Peoples Democratic Party (PDP) was the lawful candidate of the Peoples Democratic Party in the December 5, 2020 bye-election for the seat was accepted by a three-man Appeal Tribunal headed by Hon. Justice Chioma I. Nwosu.
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In combined complaint No. CAL/C/NAEA/SEN/167/2021, the Court concluded that the lower tribunal erred when it rejected superior court judgments that had previously determined Jarigbe as the PDP’s rightful candidate.
Odeh’s Certificate of Return has been asked to be revoked by the Independent National Electoral Commission (INEC). Jarigbe was also required to receive a fresh Certificate of Return from the election commission.
Justice Chioma said;
“It is our humble and firm view that the issue calls for consideration whether the tribunal was right to jettison the decision of the High Court, Appeal Court and Supreme Court and declare the 1st Respondent (Odey) as validly elected.
“The tribunal is bound by the decisions of Superior Courts on the same issue.
“The law does not allow the tribunal to take a different position as the law has already affirmed that Hon. Jarigbe is the lawful candidate of the PDP”.