Nigeria: Kogi Gov Dispute - Supreme Court Okays Ajaka's Request to Inspect Poll Materials

14 March 2024

The Supreme Court, on Thursday, gave the candidate of the Social Democratic Party, SDP, Murtala Ajaka, the nod to inspect materials that were used for the conduct of the last governorship election in Kogi State.

The apex court, in a unanimous judgement by a five-member panel of Justices, validated an earlier order of the Kogi State Governorship Election Petition Tribunal, which directed the Independent National Electoral Commission, INEC, to grant the SDP candidate access to the electoral materials.

Specifically, the tribunal had issued an exparte order for the SDP candidate to be allowed to carry out a forensic examination of all the Bimodal Voters Accreditation system, BVAS, used in the election.

However, the decision of the tribunal was reversed by a panel of the Court of Appeal led by Justice J.O.K. Oyewole, which set aside the inspection order.

Dissatisfied with the action of the appellate court, the SDP and its candidate took the matter before the apex court.

Delivering its ruling on Thursday, the panel of the Supreme Court led by Justice Emmanuel Agim, threw its weight behind the tribunal.

The Supreme Court held that the inspection order that was granted by the trial court was within the scope of the law.

"We do not agree with the Court of Appeal. Secondly, the order of the trial court was within the scope of section 146 of the Electoral Act.

"In the light of the foregoing, this appeal is allowed, and the cross-appeal is dismissed with no cost," the apex court held.

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