Appeal court declares Kogi East Senate seat vacant
The Court of Appeal in Abuja has annulled the election of Senator Attai Aidoko representing Kogi East Senatorial District in the Senate.
In a judgement yesterday, the Justice Abdul Aboki-led panel refused an application by Senator Aidoko and directed instead that all the parties should go back to the Federal High Court for a fresh hearing as initially directed by the Supreme Court.
The Supreme Court had held that the lower court was in error to have come to a conclusion without calling oral evidence to resolve the dispute in the affidavits of both Senator Aidoko and Isaac Alfa.
Erstwhile senator and former Chief of Air Staff, Air Marshall Isaac Alfa, had appealed against the judgement of the Court of Appeal of December 14, 2016, which nullified his election and installed Aidoko.
The Supreme Court, therefore, referred the matter to the court of first instance to look into the pre-election matter with merit.
While the matter was being heard at the trial court, Senator Aidoko also filed an application at the Appeal Court, seeking an interpretation to the judgement of the apex court on the eligibility of a candidate to the Senate seat.
Consequently, the appellant court revised itself on its ruling of December 14, 2016 and ordered Aidoko to vacate the seat, pending the determination of the case at the court of first instance.