Finally, Jarigbe sworn-in as senator representing Cross River North

Nearly one year after the conduct of the Cross River North senatorial by-election in 2020, Jarigbe Agom Jarigbe has finally been sworn-in as senator representing the district at the senate.

Jarigbe is also the member representing Ogoja/Yala Federal Constituency in Cross River North.

President of the Senate, Ahmad Lawan, swore in the Peoples Democratic Party (PDP) candidate, during Wednesday’s plenary.

Jarigbe replaces Stephen Odey of the same party after nearly a year of legal tussle between both politicians over the legitimate candidate of the PDP for the by-election which was called by the Independent National Electoral Commission (INEC) following the death of Senator Rose Oko.

Jarigbe has twice been issued with a Certificate of Returns by INEC, but was yet to be sworn in at the senate.

The legal battle ended with the Appeal Court validation of Jarigbe victory, after the election tribunal had recognized Odey as authentic candidate.

Speaking after the swearing in, Lawan who asked that Jarigbe be given his appropriate seat I the Upper Chambers of the National Assembly.

The Odey and Jarigbe legal battle effectively ended when an Appeal Court ruling in late July upheld the election of the latter as Senator Elect of Cross River North Senatorial District.

The Court ordered the INEC to re-issue Jarigbe with a Certificate of Return and withdraw that of Senator Stephen Odey.

The three-man tribunal headed by Hon. Justice Chioma Iheme-Nwosu dismissed an earlier ruling by the Tribunal which declared Senator Odey winner.

The Court in Suit No CAL/C/NAEA/SEN/167/2021 ruled that the tribunal erred by making a resolution in an area it had no jurisdiction.

It held that their job has been made easier by the previous judgments tendered to the court.

The court said they have decided to give effects to the previous judgments since the tribunal refused to do so.

The judge said, “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 candidate validly sponsored.

“The Election Tribunal has no right to determine the candidate of the party as it is a pre-election issue.

“We are bound by the decisions of previous courts and return Jarigbe as the Senator Elect for Cross River North.

“INEC is ordered to issue a certificate of return to Jarigbe and that of Odey withdrawn.

“The judgment of the elections tribunal is hereby set aside”, the judge said.

The Court also held that Odey’s nomination was a waste of time as it was done in contempt of court and the authentic list was not used.

The judgment was affirmed by the three members of the panel and no order was made as cost.

The court also dismissed all the Cross appeals in Suit Nos CAL/C/NAEA/SEN/168/2021and No CAL/C/NAEA/SEN/169/2021.

In his reaction, a chieftain of the PDP, Venatius Ikem said the party has finally been vindicated and the impunity they have been subjected to has come to an end.

He added that justice may be delayed but not denied and the court has stated the position of the law very well.

However, the senate waited for the outcome another suit filed by an Al Progressives Congress (APC) in the same by-election to swear in Jarigbe.

That ruling came last month, when the Court of Appeal in Abuja, dismissed the case suit filed by the APC and its candidate in the December 2020 Cross River North senatorial bye-election, Joe Agi against Agom Jarigbe.

The appellant in dismissing the suit for lacking in merit also awarded the cost of N2million against APC and its candidate Agi to be PDP and Agom Jarigbe.

The ruling has now settled the legal tussle that had trailed the election since 2020.

The Court of Appeal slammed the fine on the APC and Agi, a Senior Advocate of Nigeria, for ‘engaging in gross abuse of the court in their appeal seeking reversal of earlier judgment that held Jarigbe as PDP candidate and winner of the by-election.’

In her ruling, President of the Court, Justice Monica Domgbem-Mensen dismissed the application brought before the court by APC and its candidate for lacking in merit.

She held that the appeal of the two appellants was brought in bad faith because it has no power to review or amend judgments diligently delivered.

The Appeal Court held that such judgments can only be reviewed where they are fundamentally defective.

She subsequently dismissed the appeal and upheld the July, 30, 2021 judgment that recognized Jarigbe as the Senator for Cross River North Senatorial District.