The Supreme Court on Thursday overturned a previous decision by the Court of Appeal which nullified an inspection order granted to Murtala Ajaka, the Social Democratic Party (SDP) candidate in Kogi State governorship election.
The Court of Appeal had nullified an order from the Governorship Election Petition Tribunal in Abuja, which permitted Ajaka to inspect all Bimodal Voters Accreditation System (BVAS) used in the November 11, 2023, governorship election.
On November 25, 2023, the Tribunal had allowed an Exparte Order for forensic examination of the BVAS and other related reliefs.
The appeal court, with a panel led by Justice J.O.K. Oyewole and agreement from Justices A. I. Banjoko and A.B. Mohammed, revoked the inspection order, citing it exceeded the Electoral Act’s boundaries.
The appellate court ruled that inspections are permissible under the Electoral Act but must be conducted with the respondent and confined to the Act’s parameters.
However, the Supreme Court, through a verdict by Justice Emmanuel Agim, upheld the appellants’ appeal, stating the trial tribunal’s inspection order was within its jurisdiction.
P. A. Akubo, Chief J.S. Okutepa SAN, and Chief A A Malik SAN represented the appellants.
