Kogi State Governorship Election Petition Tribunal sitting in Abuja has adjourned its hearing till Monday, March 14, 2024, following the Court of Appeal judgment that set aside its inspection order and expunged paragraphs ‘g’, ‘k’ and ‘n’ of the earlier ruling.
Counsel to the petitioner, Jibrin Okutepa (SAN), moved motion for the business of the day, but counsel to the first respondent, Kanu Agabi (SAN), drew the tribunal’s attention to the Court of Appeal judgment and an affidavit to that effect.
This necessitated the adjournment, for the court to take the application.
Meanwhile, the issue of tendering Independent National Electoral Commission (INEC) devices and others slated for yesterday did not proceed, in view of the aforesaid.
The appellate court sitting in Abuja had, last Friday, set aside the inspection order granted the Social Democratic Party (SDP) candidate by the tribunal.
The tribunal had, on November 25, 2023, granted an ex parte order, allowing the SDP and its candidate in the November 11, 2023 governorship election to carry out forensic examination of all Bimodal Voter Accreditation System (BVAS) used in the election, among other reliefs.
In a ruling delivered by a three-man panel of the Court of Appeal, led by Justice Joseph Oyewole, with Justices Adebukola Banjoko and Abba Mohammed concurring, the Court of Appeal set aside the inspection order, having gone outside the precincts of the Electoral Act.
According to the court, while inspection is allowed under the Electoral Act, it must be jointly carried out with the respondent, and the scope of the inspection should be within the strict limit allowed under the Electoral Act.
SDP was represented by Pius Akubo (SAN); Agabi represented INEC; Joseph Daudu (SAN) represented Governor Usman Ododo, while Abdulwahab Muhammed (SAN) represented the All Progressives Congress (APC).
“The ex parte order made by the trial tribunal, on November 25, 2023, at the instance of the first and second respondents is within the jurisdictional competence of the said tribunal. However, paragraphs ‘g’, ‘k’ and ‘n’ thereof are beyond the scope of Section 146 (1) of the Electoral Act 2022. The said paragraphs ‘g’, ‘k’ and ‘n’ are hereby expunged.
“The inspection purportedly done pursuant to the said orders of the trial tribunal without the presence of the appellant violates paragraph ‘h’ of the said orders, and it is hereby set aside,” the court held.
