Pascal Arogorn Ibe
The Abuja division of the Court of Appeal on Thursday affirmed the declaration of Jarigbe Agom as the duly elected candidate of the Peoples Democratic Party (PDP) for the Cross River North senatorial by-election that held on Saturday, December 5, 2020.
Justice Binta Mohammed of the High Court of the Federal Capital Territory (FCT) had in her judgment declared Jarigbe as the valid candidate of the party for the senatorial by-election.
Dissatisfied, his challenger, John Alaga, approached the Court of Appeal to set aside the judgment of the trial court.
However, in a unanimous judgment, the appellate court dismissed the appeal as frivolous, vexatious and abuse of court process.
Justice Peter Ige held that having not participated in the primary election of the party, the appellant lacked the locus standi to institute the suit.
“The appellant lacked the locus standi to institute the suit in the first place. I wonder why the trial court did not make pronouncement on this. Only a person who participated in the primary election or a political party that has the power to challenge the outcome of the election and not a third party who did not participate in the election.
“There is no evidence before the court that the appellant participated in the primary election. He only exhibited his party card and no other exhibit. The action of the appellant is a cross abuse of the court process,” he said.
Justice Ige further held that the facts stated by the respondents to the appeal in their affidavit evidence are well founded and have not been contradicted by the appellant.
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