Margif vs Dakum: Your application cannot be granted, but your position well captured in 1st Respondent's process, Appeal Court tells Pwajok (SAN)

By: Joseph A. Adudu, January 31, 2023

The Court of Appeal Jos Division on Monday heard a pre-election Appeal brought before it by Ambassador Yohana Margif against the Labour Party (LP), Dr. Patrick Dakum and INEC.

Margif approached the Appellant's Court following the dismissal of his case at the Federal High Court Jos. The lower court, in addition to holding that Margif voluntarily withdrew from the race based on the documents before it, also placed reliance on a press statement from Mushere Ward of the LP expelling Margif from the party. The lower further held that the Plaintiff (Margif) lacked locus standi to institute the matter in the first place having not participated in the second primary election of 5th August 2022.

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E.G Pwajok SAN (R), G.M Kuttu (L) at the Court of Appeal Jos

When the case, in file No: CA/J/304/22 was called, Pwajok (SAN) who represented the Governoship standard bearer of the LP in Plateau State told the court he had two applications filed, one of which was to seek for enlargement of time to file his Brief of Argument adding that all parties in the matter were equally served.

Moving the application, Pwajok SAN said, "My Lords, the first application is dated 16th but filed on 27th January 2023 for enlargement of time.

"The Appellant responded by filing a Counter Affidavit to the motion. Upon being served with with the Appellant's Counter Affidavit, we filed a reply on point of law dated 22nd January 2023".

The Learned Silk on behalf of the 2nd Respondent went further to adopt his processes in urging the court to grant the application in the interest of justice.

In his submission, Counsel for the Appellant, Opeyemi George said, "Our Counter Affidavit is dated 20th 2023 and filed the same day accompany with Written Address.

"We adopt same as our position in opposing the application and urge my Lords to dismiss the application in the interest of justice".

In his ruling, Hon. Justice A.A Gumel who presided over a three-man panel dismissed the application. Justice Gumel further stated that the Panel was a visitation one stressing that such an application was for the Panel of the Jos Division. Justice Gumel however observed that the position of the Learned Silk was well captured in the processes of the 1st Respondent.

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Consequent upon the ruling, Pwajok (SAN) applied for the withdrawal of the second Application. With no objection from Counsel for the Appellant, 1st and 3rd Respondents, the application was struck out.

On behalf of the 1st Respondent, G.M Kitty SAN adopted his Brief of Argument saying it was a succinct argument in pursuing the court to see that there existed no meritorious submission for the Appeal to be sustained. Counsel therefore urged the court to dismiss the Appeal with a cost.

Cross section of Counsel in court

Y. A Gutet Counsel for the 3rd Respondent equally adopted his Brief of Argument dated and filed 8th January, 2023 in urging the court to dismiss the Appeal.

Justice Gumel reserved judgment saying that the date would be communicated to Counsel in the matter.

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