The legal battle over the Cross River North Senate seat has been put to rest by the Supreme Court which on Thursday ruled in favour of Jarigbe Agom Jarigbe.

In a split decision of four to three, the apex court dismissed the appeal filed by Senator Stephen Odey challenging the judgment of the Court of Appeal, which declared Jarigbe as the valid candidate of the People’s Democratic Party (PDP).



The majority judgment upheld the preliminary objections raised by Jarigbe challenging the mode of service of the notice of appeal.

The PDP won the December 5, 2020, rescheduled elections held in the state.

The Abuja division of the Court of Appeal had in its judgment declared Jarigbe Agom Jarigbe as the duly nominated candidate of the PDP and the rightful winner of the election against Dr Odey, who was declared by INEC and sworn in by the Senate.
https://www.google.com/url?q=https://www.sunnewsonline.com/cross-river-north-senate-seat-jarigbe-wins-at-supreme-court/&sa=U&ved=2ahUKEwiaj6CPsoXvAhVBWxUIHVSKCdcQFjAAegQIBBAB&usg=AOvVaw3zmNpTVtlnBMbnYf7ZmPPa

Mynd44
Fergie
Exposition
Ikoongiton
Agboriotejoye
Helinues
Zoedew
Ejimatic
Kahal
Offiong

Closed.

Supreme Court needs to revisit the case of Atiku vs Buhari concerning the INEC server. Atiku has a case there

Osagyefo98:
Closed.

How by who?

Fahdiga:
Supreme Court needs to revisit the case of Atiku vs Buhari concerning the INEC server. Atiku has a case there

Are you ok? Please go and open a thread for that

A well deserved victory. Congratulations the peoples' Senator.
Ayade should bow his head in shame. The will of the people has finally prevailed.

The supreme court had delivered a technical and perversive judgment.how can you decide a case of this magnitude based on preliminary objections without going into the main or substantive matter? Where is substantial justice.I am so disappointed.wike has struck again.I an sure JSC odili is among the notorious four judges

I pray Barr Joe agi case at the tribunal succeeds.

good rubbish

garfield1:
I pray Barr Joe agi case at the tribunal succeeds.

It's DOA.

Stephen Odey has been an active and vocal Senator.

Sonoyom:
Stephen Odey has been an active and vocal Senator.

As in eh.he just paid for the sins of ayade though jarigbe is a fine rep

Cyborgg7:

It's DOA.

How

End of story

garfield1:


As in eh.he just paid for the sins of ayade though jarigbe is a fine rep

Let's see how this would pan out.

jlinkd78:
End of story

It has ended for ayade

Sonoyom:

Let's see how this would pan out.

Nothing will pan out apart from jari being a senator and possibly the next deputy gov while ayade prepares to leave pdp

Ayade wings has been clipped.

Fibonacci88:
Ayade wings has been clipped.

He will soon cripple that of pdp

garfield1:


Nothing will pan out apart from jari being a senator and possibly the next deputy gov while ayade prepares to leave pdp

Whatever the situation is i am hoping it is in the best interest of CRS.

In a split decision of four to three, the Supreme Court on Thursday struck out the appeals filed by Senator Stephen Odey and the Peoples Democratic Party (PDP) in the dispute over who, between Senator Stephen Adi Odey and Jarigbe Agom Jarigbe, is the authentic candidate of the Peoples Democratic Party (PDP) in the December 5, 2020 by-election in Cross River North Senatorial District.
Justice Centus Chima Nweze, who read the lead majority judgment, held that the notice of appeal filed in the appeal by Ody, marked: SC/CV/9/2021 was defective because it did not reflect the personal addresses of the first and second respondents in the appeal – Jarigbe and John Alaga.
Justice Nweze held that although the notice of appeal bore the addresses of their lawyers and it was served on them, the appellant’s failure to serve the notice personally on the parties, as against their lawyers, robbed the court the necessary jurisdiction to hear the appeal.
He added that the order of substituted service later obtained by the appellant, and which was executed could not have cured the defect occasioned by the improper service, because the Supreme Court lacked the jurisdiction to have granted the ex-parte order for substituted service.
Justice Nweze said the improper service of the notice of appeal amounted to a non-service which touches on the respondents’ right to fair hearing.
He upheld the preliminary objections raised by Alaga and Jarigbe and proceeded to strike out the appeal.
Justices Abdu Aboki, Tijani Abubakar and Sameul Oseji agreed with Justice Nweze’s position.
Justices Musa Datijo Mohammad (who led the seven-man panel), Helen Ogunwumiju and Emmanuel Agim held otherwise in the dissenting minority judgement.
Justice Mohammed, in the lead dissenting judgment, upheld the appeal and dismissed the objections by Alaga and Jarigbe on the grounds that the service of the notice of appeal was proper.
He held that it was not the law that service of notice of appeal on a counsel to a respondent amounted to improper service.
Justice Mohammed said the decision of the appellant to serve the notice of appeal on the addresses provided at the lower by lawyers to Alaga and Jarigbe, without them providing their personal addresses, cannot by any stretch of imagination, termed improper service.
Justice Ogunwumiju said the fact that the notice of appeal was served on the respondents’ lawyers as against their personal addresses, was not enough to be termed improper service.
Justice Agim held that not only was the service proper, the ex-parte order for substituted service, which the appellant executed by publishing the notice in a newspaper was additional efforts to ensure that the respondents were aware of the case.
He said the essence of service was for the respondents to be aware of a case pending against them, adding that since the respondents did not deny being aware of the case, but participated fully by filing their briefs, they issue of whether service was proper or not did not arise.
The court applied the judgment in the appeal by Odey to a similar one, marked: SC/CV/1055/2020 filed by the PDP.
Odey had, in the appeal, prayed the Supreme Court to, among others, set aside a portion of the judgment delivered by the Court of Appeal, Abuja on December 17, 2020 directing INEC to recognise Jarigbe as the candidate of the PDP for the by-election.
Odey added that the Court of Appeal, in its December 17, 2020 judgment “refused to set aside the consequential orders made by the trial court, despite finding that the case filed before the FCT High Court by Alaga was an abuse of judicial process and that the court has no jurisdiction to entertain.


Above is the full details of what transpired....the judges are very frivolous and petty..cc fergie,sonoyom..

Ayade should do quick and join APC. We are waiting for him with open arms and love.

quite a critical case! 4-3 judgement

justice datijo Mohammed that presided over the panel dissented .... nawaooo

garfield1:
The supreme court had delivered a technical and perversive judgment.how can you decide a case of this magnitude based on preliminary objections without going into the main or substantive matter? Where is substantial justice.I am so disappointed.wike has struck again.I an sure JSC odili is among the notorious four judges

I have been on the road and network here has been pathetic.

Just read through the judgement and I am shocked.

Ayade to APC is 90% done.

Emyzoloye5:
quite a critical case! 4-3 judgement


justice datijo Mohammed that presided over the panel dissented .... nawaooo

The last time we had such a split was in 2007 in buhari vs yaradua

fergie001:

I have been on the road and network here has been pathetic.

Just read through the judgement and I am shocked. Why would you strike down Ararume's primary and uphold Agom's.....it's funny.

It's everywhere described as a victory for Wike. Ayade to APC is 90% done.

You are missing something.they did not look at the case.they only used a minor issue as notice of service to decide the case as I feared.ogunwumiju like kekere ekun is very sound and fearless.

garfield1:



You are missing something.they did not look at the case.they only used a minor issue as notice of service to decide the case as I feared.ogunwumiju like kekere ekun is very sound and fearless.

I edited........

She handled the Ikpeazu-Ogar case at the Appeal Court, and some other very tight cases like that.

I am forcing myself not to stick to the Wike allegation.

fergie001:

I edited........

She handled the Ikpeazu-Ogar case at the Appeal Court, and some other very tight cases like that.

I am forcing myself not to stick to the Wike allegation.

My brother,it is very clear now.wike has a stranglehold over the supreme court.I can now see why buhari has fought the appeal and supreme courts.I mean it was clear that odey will likely win the case.since the time of onnoghen till now,the apex court has tried to always deliver and do substantive justice and avoid technicalities.even if they strike out a case based on technicalities,they still go on to the main case for record purpose.

Again,anytime tanko is on a panel,you will notice that the judges themselves during the hearings point out all this minor mistakes so that the lawyers can correct it.this is something that could have been curbed during the main hearing...from the two judgments,you can see that the minority judgment is solid

garfield1:


The last time we had such a split was in 2007 in buhari vs yaradua

yeah .... justice aloma muktar, Muhammud Mohammed and Walter onnoghen dissented.....

and Coincidentally three of them later became CJN's one after the other

garfield1:


My brother,it is very clear now.wike has a stranglehold over the supreme court.I can now see why buhari has fought the appeal and supreme courts.I mean it was clear that odey will likely win the case.since the time of onnoghen till now,the apex court has tried to always deliver and do substantive justice and avoid technicalities.even if they strike out a case based on technicalities,they still go on to the main case for record purpose.

Again,anytime tanko is on a panel,you will notice that the judges themselves during the hearings point out all this minor mistakes so that the lawyers can correct it.this is something that could have been curbed during the main hearing...from the two judgments,you can see that the minority judgment is solid

I am shocked at this judgement, very very.

Emyzoloye5:



yeah .... justice aloma muktar, Muhammud Mohammed and Walter onnoghen dissented.....

and Coincidentally three of them later became CJN's one after the other

Hmmm.so sad