STEPHEN ODEY vs. JARIGBE AGOM: How The Court Of Appeal Validated All My Legal Positions

By First Baba Isa, FBI

I was in court. Read that again. I was in court this morning to listen to the judgment myself. I flew down to Calabar just for this. I didn’t want anybody to tell me.

This judgement means a lot because it seems this case in the tribunal was one big excuse the senate was using not to swear in Jarigbe Agom as the validly elected Senator.

All the appeals and cross appeals by all parties were consolidated and heard together.

I have written severally on this issue and debated lawyers like Daniel Bwala, Esq., on national television. With due respect to Mr Bwala, he is erudite and eloquent; but as a lawyer who many persons also say is eloquent, I have since come to understand that eloquence cannot take the position of the law.

Now, here are a summary of my long held legal positions on this issue; positions the Court of Appeal affirmed today:

1. Once INEC issued that certificate of return to Jarigbe Agom, the one earlier issued to Stephen Odey becomes automatically invalid. You don’t need any court order to invalidate it. It stands invalidated once the second one is issued. I remember shouting this on Channels TV. Today, the Court of Appeal stated this clearly.

2. It is a judicial abomination to say there was no consequential orders in the Supreme Court judgement when the judgement of the FCT High Court stated clearly that Jarigbe should be accorded all rights and privileges of the party candidate. Bwala eloquently misled his supporters on this point. Today, the Court of Appeal stated clearly that there were consequential orders.

The Court of Appeal, went ahead to reiterate the consequential orders by declaring Jarigbe Agom the candidate of the PDP in the elections and declared him validly returned as the winner.

3. The Court of Appeal was shocked that anyone will be talking of a decision of the Federal High Court declaring Stephen Odey the candidate, in the light of the judgement of the Supreme Court.

The Court of Appeal literally scolded and lambasted the Election Tribunal on this point and declared that the Tribunal made a mockery of the judiciary with their stance.

4. Today, the Court of Appeal, ordered that INEC should issue a fresh certificate to Jarigbe and that he should be sworn in as Senator immediately.

This is the final court. No appeal. This issue has finally been laid to rest.

No one can be confused anymore about consequential orders. Assuming without conceding that there was any confusion. Today, the Court of Appeal repeated these orders in many words. Dr Stephen Odey knows exactly what to do now; INEC knows exactly what to do now; the Senate knows exactly what to do now; and Jarigbe Agom knows exactly what to do now.

Congratulations Distinguished Senator Agom Jarigbe Agom; a huge congratulations to the legal team.

Firsts Baba Isa, FBI, wrote in shortly after the court verdict in Calabar, CRS.

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