Kogi Gov’ship: A’Court affirms Ododo’s election

… Dismisses SDP, Ajaka’s appeal

BY ANDREW OROLUA

The Court of Appeal sitting in Abuja, on Thursday, affirmed the election of Ahmed Usman Ododo of the All Progressives Congress (APC) as the validly elected governor of Kogi State.

A three-member of the Court of Appeal, in a unanimous judgement delivered by Justice Onyekachi Otisi who led the panel, upheld the verdict of Kogi Governorship Election Petition Tribunal that the Social Democratic Party (SDP) and its governorship candidate, Murtala Yakubu Ajaka failed to prove the allegations contained in their petition challenging Ododo’s election beyond reasonable doubt as required by law.

Justice Otisi held that the Kogi State Governorship Election Petition Tribunal which sat in Abuja was right to have expunged the evidence of the first witness called by the petitioners (PW1) on the ground that the evidence tendered by the witness was a hearsay document.

The appellate court said witnesses, whether subpoenaed or normal, are supposed to front load their witness statement on oath and added that, “the order of the Tribunal expunging the evidence of the PW1 cannot be voided. The law grants the lower court power to expunge inadmissible evidence brought before it”.

According to the court, the allegation of forgery of documents that Ododo submitted to the Independent National Electoral Commission (INEC) is a pre-election matter which is handled by the Federal High Court and not the Tribunal.

The said action, Justice Otisi held, happened before the conduct of the November 11 governorship election in the state and as such, cannot be legislated upon by the lower Tribunal.

It held that allegation of forgery of document ought to be proven beyond reasonable doubt, “This, the appellants failed to do as required by law. Affidavit of loss attached to form EC8 by the second defendant is by no means a certificate.

“I see no reason to disturb the decision of the lower Tribunal on the petition as the appellants have failed to prove their allegations contained in their petition”, the court held and resolved all the issues raised in the appeal against the appellants.

“This appeal failed and it is hereby dismissed for lacking in merit. There is no order as to cost, parties are to bear their respective cost”, Justice Onyekachi Otisi held.

It would be recalled that the tribunal had, on May 27, affirmed the victory of Gov. Ododo of APC in the November 11, 2023 Kogi governorship poll.

The three-member panel of justices held that the petition was bereft of substance and accordingly dismissed it.

Ajaka and his party who are dissatisfied with the decision of the Tribunal headed by Hon. Justice Ado Yusuf Birnin Kudu approached the Court of Appeal seeking an order setting aside the judgement of the Tribunal, an order restoring the testimony of their first witness (PW1) as well as all the documents they tendered but expunged from the records of the Tribunal.

The appellants also want the Appeal Court to hold that Ododo was not even qualified to have contested the election into the office of Governor of Kogi State and that all votes ascribed and or allocated to him and the APC are wasted votes.

The appeals challenging Ododo’s election filed by Action Alliance and its governorship candidate, Olayinka Braimoh and that of the Peoples Redemption Party (PRP) and its governorship candidate, Dr Abdullahi Yunusa Bayawo were also dismissed by the appellate court.