The tribunal determined that SDP and Ajaka had not provided sufficient evidence to support their claims of excessive voting and disregard for the Electoral Act of 2022.
The Court of Appeal sitting in Abuja on Thursday reserved its judgement in the appeal filed by the governorship candidate of the Social Democratic Party (SDP), Muritala Ajaka, against the May 27 2024, judgement of the state election petition tribunal.
The state had on November 11, 2023, conducted its off-cycle election which produced Usman Ododo, who ran for the seat under the All Progressives Congress (APC) as the winner of the polls.
Ajaka, his closest rival, came in second position according to the result announced by the electoral body.
SaharaReporters had earlier reported how a three-member panel of the tribunal upheld the election victory of Ododo.
The tribunal determined that SDP and Ajaka had not provided sufficient evidence to support their claims of excessive voting and disregard for the Electoral Act of 2022.
In a unanimous ruling, the panel determined that every piece of witness testimony presented to it was inconsistent and defective.
Joseph Daudu, who appeared for the state governor at the appeal, argued that no single evidence of PW1 was admitted as evidence by the court on the ground that the appellants failed to front-load their witness statement beforehand.
Daudu said the tribunal did no wrong to have expunged the evidence of PW1.
He contended that the tribunal already declared it inadmissible because the appellants failed to prove the allegation of over-voting in their petition.
He also urged the tribunal to dismiss the allegations of forgery against his client, saying it bordered on a pre-election matter, which the apex court had decided in Gbagi’s case against INEC.
Daudu, who said they failed to prove allegations of over-voting, also argued that Section 137 of the Electoral Act cited by the petitioners on allegations of over-voting did not apply in the instant petition.
He prayed the court to dismiss the appeal and affirm the judgment of the Tribunal which upheld the election of Ododo.
APC counsel, Emmanuel Ukala, prayed the appellate court to dismiss the petition for being incompetent.
Ajaka’s counsel, Pius Akubo, while adopting processes, urged the court to set aside the judgement of the Kogi State Governorship Election Petition Tribunal and declare Ajaka as the governor of Kogi State.
Ajaka and his party in the appeal hinged on 31 grounds, insisted that they are the winners of the November 11, 2023 governorship election and should be declared so.
The appellants argued that the judgement of the Tribunal which affirmed Ododo’s election was a serious miscarriage of justice.
He also urged the panel to dismiss the cross-appeal of the respondents who prayed to the court to dismiss his petition.
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