Justice Emmanuel Agim of the Supreme Court has allowed the appeal of Alhaji Yakubu Murtala Ajaka setting aside the March 1, 2024 Court of Appeal order nullifying the judgement of Kogi State Governorship Election Petition Tribunal allowing Ajaka and his party the Social Democratic Party (SDP) to inspect the November 11, 2023 governorship elections materials.
Delivering the judgment on Thursday, the apex court held that the Court of Appeal was wrong to have made the orders in the judgment it delivered on 1st March 2024, adding that the orders of
It further held that Ahmed Usman Ododo was served and stayed away from the inspections. It further held that by staying away, it was self-inflicted injuries. The cross appeal by Ododo was dismissed
In a ruling on Friday, March 1, 2024, a three-man panel of justices of the Court of Appeal, led by Justice Joseph Oyewole, set aside the inspection order, adding that the scope of the inspection order must stay within the limit allowed under the Electoral Act.
The appellate court said though inspection is allowed under the Act, it must be jointly carried out with the respondent.
The SDP and its candidate appealed against this ruling made by the Appeal Court and headed to the Supreme Court.
Ajaka’s legal team is led by Jibrin Okutepa (SAN), with P.A. Akubo, SAN, Chief A.A. Malik SAN, T.U. Odoma, Esq., I.O. Haruna, Esq. and Adanu Emmanuel Ogwiji, Esq
Governor Usman Ododo was represented in the suit by Alex Izinyon, SAN, Ibrahim Sani Mohammed, SAN, Gbenga Makonjuola, Esq. and P.B. Daudu, Esq
On Thursday at the resumed hearing of the case with the SC/CV/132/2023, the counsel of Ajaka Jibrin Okutepa (SAN) informed the apex court today’s (Thursday march 14, 2024) matter was for hearing of the appeal to which all parties confirmed that they were ready.
Okutepa told the apex court that was about the appeal against the ruling of the appellate court which seeks to set aside the tribunal leave to his client to inspect materials used for the November 11 governorship elections in the state.
The Senior Advocate prayed the apex court to set aside the court of Appeal ruling and order it to abide by the tribunal ruling.
Thereafter, counsels to both parties went on to adopt their briefs and immediately the Supreme Court informed that since the matter required them to be proactive, judgment would be given instantly.
In delivering the ruling on Thursday, the apex court disagreed with the appellate court ruling vacating the tribunal’s order, saying ”the court of appeal was wrong to have reversed the decision of the trial court that the decision was incompetent.
“We do not agree with that. 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.”
The apex court also lampooned the counsel to the respondent who walked out of the court on Wednesday after he failed to stop the apex court from affirming the appeal court ruling.
On that the Supreme Court said “a date was fixed for inspection and they left the venue. Instead of them coming back, they wrote a letter, and that is self-inflicted injury, so the appeal is allowed and cross appeal dismissed.”
Subsequently, other justices on the panel went on to align with the judgment.