The appeal was filed by the candidate of the Social Democratic Party (SDP) in the Kogi governorship election.
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Mr Akubo had argued that the five-member panel presently constituted should be increased to seven justices.But lawyers for the respondents kicked against the application and urged the court to proceed with the hearing. In a short ruling, Justice Garba Lawal, who led the five-member panel, held that election appeals are time-bound and that the court constituted as a five-member panel had the jurisdiction to determine the appeal as presented.Mr Daudu, who represented the 2nd respondent, moved his application to strike out certain grounds of appeal contained in the appellant’s notice of appeal.
He urged the court to dismiss the appeal, including the application to depart from previous decisions.
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