S’Court grants SDP’s Ajaka right to inspect Kogi Gov’ship election materials
The Supreme Court on Thursday granted the governorship candidate of the Social Democratic Party (SDP) in Kogi State in the last election, Alhaji Yakubu Murtala Ajaka, the right to inspect election materials.
By this decision, the apex court overturned a previous judgement of the Court of Appeal on March 1, 2024.
The Court of Appeal had earlier set aside the inspection exercise conducted by Ajaka and the SDP, according to the orders of the tribunal hearing the petition challenging the election and return of Usman Ododo of the All Progressives Congress (APC) as the winner of the Kogi State governorship election of November 11, 2023.
But in a unanimous decision, the Supreme Court held that the application filed by Ododo and the APC, which led to the tribunal’s decision being challenged at the Court of Appeal, was filed outside the timeline set by the law and thus, incompetent.
Delivering the lead judgment, Justice Agim of the Supreme Court further held that the orders of inspection made by the trial tribunal were within the scope of Section 146 of the Electoral Act, 2022 and that the tribunal acted within its powers and jurisdiction in issuing the orders.
In his contribution, the Presiding Judge, Justice Okoro, stated that Ododo and the APC served the court orders but deliberately shunned the inspection exercise, inflicting self-injuries on themselves. The cross-appeal filed by Ododo was dismissed.
The Appellants, Alhaji Yakubu Murtala Ajaka and the SDP were represented by a team of senior lawyers, including P. A. Akubo, Chief J.S. Okutepa SAN, and Chief A.A. Malik SAN.
The Tribunal on November 25, 2023, granted an ex parte order, allowing the SDP and its governorship candidate in Kogi for the 2023 election, Murtala Ajaka to carry out a forensic examination of all the Bimodal Voters Accreditation system (BVAS) used in the election, among other reliefs.
But on Friday, March 1, 2024, a three-man panel of justices of the Court of Appeal, led by Justice J.O.K. Oyewole, set aside the inspection order.
The panel, which had Justices A. I. Banjoko and A.B. Mohammed as its other members, noted that the scope of the inspection order must stay within the limit allowed under the Electoral Act.
The Court of Appeal noted that inspection is allowed under the Act and should be conducted jointly by both parties.
The Appellate Court had held that the ex parte order made by the Tribunal on November 25, 2023, at the instance of the 1st and 2nd Respondents, “are within the jurisdictional competence of the said Tribunal”.
“However, paragraphs ‘G’, ‘K’ and ‘N’ thereof are beyond the scope of Section 146 (1) of the Electoral Act 2022. The said paragraphs ‘G’, ‘K’ and ‘N’ are hereby expunged,” the Court of Appeal ruled.
It added that the inspection purportedly done under the said Orders of the Tribunal without the presence of the Appellant “violates paragraph ‘H’ of the said orders, and it is hereby set aside.”
However, on Thursday, March 7, 2024, the Supreme Court stayed the execution of the orders of the Court of Appeal made on March 1, 2024, regarding the inspection and paragraphs ‘G’, ‘K’ and ‘N’.
Credit: Nigerian lawyer
