The Supreme Court has fixed June 16 to deliver judgment on appeal against the victory of Sen. Atai Aidoko (PDP) to represent Kogi East Senatorial district seat in the Senate.
Justice Bode Rhodes-Vivour led other four Justices of the apex court to fix the judgment date, after counsel to the two parties adopted their addresses on Wednesday.
Retired Air Vice Marshal Isaac Alfa took Aidoko to the apex court to challenge the decision of the Court of Appeal Abuja which upturned his victory.
Alfa contested the election on the platform of the Peoples Democratic Party (PDP).
The News Agency of Nigeria (NAN) reports that INEC and PDP were the other respondents in the appeal.
Aidoko and Alfa had struggled to clinch the party’s nomination ticket which resulted in prolonged pre-election suit at the Federal High Court, Abuja.
Justice Okon Abang at the trial court on May 10, 2016 returned Alfa as the rightful winner of the Kogi East Senatorial rerun elections.
Aidoko, who was earlier declared the winner of the PDP primary elections, proceeded to represent the party at the polls and was declared winner of the senatorial election but his victory contested by PDP and other parties, including Aidoko.
The trial court upturned Aidoko’s election in favour of Alfa.
The All Progressives Congress did not participate in the election as the party was barred from taking part in the polls by the Independent National Electoral Commission (INEC).
Dissatisfied with the decision, the first respondent (Aidoko) approached the Court of Appeal Abuja, seeking the setting aside of the judgment of the lower court.
The Appeal Court eventually declared Aidoko as the authentic candidate of the party and winner of the Kogi East senatorial seat.
Alfa therefore approached the apex court urging it to dismiss the appellate court’s decision and to uphold the trial court’s judgment.
Mr Joseph Daudu (SAN), counsel to Alfa, urged the apex court to set aside the decision of the court of appeal.
Daudu said the decision of the Appeal Court was shrouded in errors, adding that the trial court had a better understanding of the case.
He also said the appeal against the trial court’s judgment was instituted by someone who was not a party to the suit at the trial court.
“My Lords, the name of the party who took my Client to the Federal High Court Abuja was called Aidoko Atai. ‘’This was the name that was captured in the certified copy of the judgment.
“I, therefore, employ My Lords to take judicial notice of the party with the name, Atai Aidoko that approached the court of appeal over similar matter.
“We drew the attention of the court of appeal to the fact that our judgment still subsides based on this fraud but the panel dismissed us.
“In the light of this and others of our valid grounds, we pray the court to uphold the appeal and return Sen. Isaac Alfa as the Senator representing Kogi East Senatorial District,’’ Daudu said.
On his part, Mr Patrick Ikweato (SAN), Counsel to Aidoko urged the court dismiss Daudu’s submission, adding that his client was a member of the PDP and had contested the party’s primary with Alfa.
Ikweato also urged the court to discountenance technicalities and decide the appeal based on law and facts brought before it.
“My Lords, I urge this panel to dismiss the appeal and affirm Aidoko as the winner of the Kogi East senatorial election,’’ he said.
The counsel to PDP, Mr F.S jimba, prayed the apex court to dismiss the appeal against Aidoko. (NAN)
OMO/DUA
