The Supreme Court Thursday granted the request by the Social Democratic Party (SDP) governorship candidate in Kogi State, Murtala Ajaka, to inspect materials used for the November 11, 2023 governorship election.
Ajaka and the SDP, through their lawyer led Jibrin Okutepa (SAN), challenged the outcome of the election on the grounds of widespread irregularities, over voting and non-compliance with the provisions of the Electoral Act, 2022.
In the lead judgment read by Justice Emmanuel Agim, the Judge voided the earlier ruling of the Court of Appeal which stopped the inspection.
He held further that the order made on November 25, 2023, by the Kogi State Governorship Election Petitions Tribunal permitting the forensic examination of the Bimodal Voter Accreditation System (BVAS) from some local government areas was within its powers.
The panel, chaired by Justice Yusuf Birnin-Kudu the apex court noted, had made the order under Section 146 of the Electoral Act 2022 and that the order for service of the papers on Governor Usman Ododo and the All Progressives Congress (APC) was done although he stayed away from participating in the inspection.
The apex court consequently dismissed the cross-appeal filed by Ododo’s counsel, Kanu Agabi (SAN), saying the governor’s decision to stay away was a self-inflicted injury.
Ododo, it would be recalled, was declared the winner of the election with 446,237 votes, while the duo of Ajaka’s and Dino Melaye had 259,052 votes and 46,362 votes respectively.
