The Court of Appeal in Abuja has reserved its judgment on the appeal filed by Muritala Ajaka, the Social Democratic Party (SDP) candidate, challenging the outcome of the November 11 Kogi governorship election.
Ajaka and his party contested the judgment of the State’s Election Petition Tribunal, which affirmed the victory of Usman Ododo of the All Progressives Congress (APC).
On May 27, the tribunal declared Ododo the duly elected governor of Kogi State.
A three-member panel of the appellate court on Thursday reserved its judgment for a later date, which will be communicated to all parties involved after the adoption of their briefs.
Kanu Agabi, SAN, representing the Independent National Electoral Commission (INEC), urged the court to dismiss Ajaka’s appeal, citing inconsistencies in the appellants’ case.
He argued that if the grounds of a petition are inconsistent and not aligned with the reliefs sought, it should be struck out. He also stated that the evidence presented by the petitioners was grossly insufficient.
Joseph Daudu, SAN, representing Ododo, supported this view, noting that the tribunal rightly excluded the testimony of the first prosecution witness (PW-1) because the witness had not pre-filed their statement as required by law.
Daudu emphasised that the appellants failed to prove allegations of over-voting and that the claims of forgery against his client were pre-election matters.
Emmanuel Ukala, SAN, representing the APC, also called for the appeal’s dismissal, labeling the petition as incompetent.
Ajaka and the SDP, in their appeal based on 31 grounds, claimed victory in the November 11 election and sought to be declared the rightful winners.
Pius Akubo, SAN, representing Ajaka, argued that the tribunal’s decision was a miscarriage of justice and should be overturned.
The tribunal, chaired by Justice Ado Birnin-Kudu, had earlier dismissed Ajaka’s petition, citing insufficient evidence and inconsistencies.
The panel also noted that allegations of forgery raised in the petition should have been addressed as pre-election issues.
The November 11 election saw Ododo of the APC emerge victorious over Ajaka of the SDP by a wide margin.
