Mr Stephen Odey, the Senator representing Cross River North has been sacked by the Court of Appeal.
A three-man Appeal Tribunal headed by Hon. Justice Chioma I. Nwosu accepted the argument that member representing Obudu/Yala Federal Constituency Hon. Jerigbe Jarigbe of the People’s Democratic Party(PDP), was the lawful candidate of the Peoples Democratic Party in the December 5, 2020 bye-election for the seat.
The Court in consolidated suit No CAL/C/NAEA/SEN/167/2021, ruled the lower tribunal erred when it ignored Judgments of superior courts that earlier resolved Jarigbe as the rightful candidate of the PDP.
The Independent National Electoral Commission (INEC) has been asked to withdraw the Certificate of Return issued to Odeh. The electoral commission was also ordered to issue a new Certificate of Return to Jarigbe.
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”.