Supreme Court Upholds SDP’s Ajaka’s Right to Inspect Election Materials in Kogi
Written by Deborah Oyinloye on March 15, 2024
The Supreme Court has affirmed the decision of the Governorship Election Petition Tribunal, allowing the Social Democratic Party (SDP) candidate, Murtala Ajaka, access to inspect election materials from the November 2023 election in Kogi.
The apex court’s decision, which was delivered by Hon. Justice Emmanuel Akomoye Agim, dismisses the earlier ruling of the Court of Appeal and upholds the tribunal’s order, citing its compliance with Section 146 of the Electoral Act.
“We do not agree with the Court of Appeal. 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,” Justice Agim stated.
The controversy stemmed from an ex parte order granted by the tribunal on November 25, 2023, permitting the SDP and its candidate to conduct a forensic examination of the Bimodal Voters Accreditation system (BVAS) used in the election. However, the Court of Appeal overturned this decision on March 1, 2024, stating that certain aspects of the inspection order exceeded the tribunal’s jurisdiction.
Nevertheless, the Supreme Court’s intervention on Thursday, March 14, 2024, has reinstated the tribunal’s order, emphasizing the importance of adhering to electoral laws and procedures.
“A date was fixed for inspection, and they left the venue. Instead of them coming back, they wrote a letter, and that is a self-inflicted injury so the appeal is allowed and cross-appeal dismissed,” a member of the Ajaka camp commented following the ruling.
Author: Deborah Oyinloye
With an interest in media, Deborah aims to impart the lives of people positively.
