By: Sunday Ejike – Abuja
The Supreme Court on Wednesday, dismissed an appeal brought by a governorship aspirant of the Labour Party in Plateau State, Ambassador Yohanna Margif, challenging the nomination of the candidate of the party, Dr Patrick Dakum.
The appeal was thrown out by Justice John Inyang Okoro, who led the five-member panel of Justices of the court following its withdrawal by the appellant, Margif, upon discovery that the matter has become statute-barred.
Counsel to the appellant, Mr Opeyemi George Ojo, had pleaded with the apex court to invoke Section 22 of the Supreme Court Act to take over the matter and resolve all disputed issues in the interest of justice for his client.
His persuasion was however rejected by the court on the ground that conditions precedents for the Court to invoke Section 22 of the Supreme Court Act were not met.
Specifically, the Justices reminded the lawyer that both the Court of Appeal and the Federal High Court no longer have jurisdiction that can be invoked by the Supreme Court since the time for the matter to be heard had lapsed.
Confronted with reality on the futility of his request, the appellant announced the withdrawal of his appeal and was subsequently dismissed by Justice Okoro.
The appellant had, in his appeal challenged the emergence of Dr Dakum as the Labour Party’s governorship candidate in Plateau State insisting that he (Margif) won the governorship primary election of the party and never withdrew his nomination.
Labour Party however in its defence insisted that Ambassador Margif in a letter voluntarily withdrew his candidacy and copied the Independent National Electoral Commission, (INEC), with the same letter.
The Party claimed that following the withdrawal by Ambassador Margif, a new primary election was conducted in which Dr Patrick Dakum emerged and his name was submitted to INEC.
Margif filed his first suit at a Federal High Court in Jos but lost as the court upheld the position of the Labour Party and declared Dr Dakum as the legitimate governorship candidate of the Party in Plateau State.
Justice Dorcas Agishi of the Federal High Court sitting in Jos, in her judgment delivered on December 9, 2022, affirmed Dr Dakum as the authentic candidate of the party, having followed the party’s guidelines to emerge as the party’s flag bearer.
The Judge established that Ambassador Yohanna Margif had signed an affidavit to withdraw voluntarily as the governorship candidate of the party which necessitated the party to conduct a fresh primary that produced Dr Dakum.
Not satisfied with the High Court’s decision, Margif had approached the Court of Appeal but lost and subsequently moved to the Supreme Court for a final decision.
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