Kogi Guber: Supreme Court upholds Ajaka’s right

The Supreme Court has upheld the ruling of the Governorship Election Petition Tribunal in Abuja, granting the candidate of the Social Democratic Party (SDP) in the November 2023 election in Kogi State permission to inspect election materials.

This decision comes after the apex court had previously stayed the execution of orders from the Court of Appeal in Abuja, which had set aside the inspection order.

Last November, the Tribunal granted an ex parte order allowing the SDP and its Kogi governorship candidate, Murtala Ajaka, to conduct a forensic examination of all the Bimodal Voters Accreditation system (BVAS) used in the election, among other reliefs.

However, a three-man panel of justices at the Court of Appeal, led by Justice J.O.K. Oyewole, issued a ruling on March 1, 2024, setting aside the inspection order.

Dismissing the decision of the Court of Appeal, the Supreme Court upheld the ruling of the trial court in a unanimous decision read by Justice Emmanuel Akomoye Agim. The court held that the trial court’s order fell within the scope of section 146 of the Electoral Act.

The Supreme Court stated,

“Our position is that the motion seeking to set aside the Court of Appeal was wrong to have reversed the decision of the trial court that the motion seeking to set aside the decision of the trial Tribunal was incompetent. We do not agree with the Court of Appeal.

“The motion was filed out of time. Secondly, the order of the trial court was within the scope of section 146 of the Electoral Act. In light of the foregoing, this appeal is allowed, and the cross-appeal dismissed with no costs.”