The SDP and its 2023 Kogi governorship candidate, Murtala Ajaka, were granted reliefs by the Tribunal on November 25, 2023, including an ex parte order that allowed them to conduct a forensic study of all the Bimodal Voters Accreditation Systems (BVAS) utilized in the election.
The Supreme Court has temporarily halted the implementation of the Abuja Court of Appeal’s rulings that nullified the inspection order that the Abuja Governorship Election Petition Tribunal had given to the Social Democratic Party’s (SDP) candidate.
The SDP and its 2023 Kogi governorship candidate, Murtala Ajaka, were granted reliefs by the Tribunal on November 25, 2023, including an ex parte order that allowed them to conduct a forensic study of all the Bimodal Voters Accreditation systems (BVAS) utilized in the election.
A three-judge panel of the Court of Appeal, presided over by Justice J.O.K. Oyewole, overturned the inspection order in a verdict issued on Friday, March 1, 2024.
Along with Justices A.B. Mohammed and A. I. Banjoko, the panel emphasized that the inspection order’s scope must adhere to the parameters set out by the Electoral Act.
Although inspection is permissible under the Act, the Court of Appeal emphasized that it must be conducted in conjunction with the respondent.
“At the instance of the 1st and 2nd Respondents, the Tribunal made an ex parte order on November 25, 2023, which is within the jurisdictional competence of the said Tribunal,” the Appellate Court had previously determined.
Section 146 (1) of the Electoral Act 2022 does not apply to paragraphs ‘G’, ‘K’, and ‘N’ of that document. The Court of Appeal declared that paragraphs ‘G,’ ‘K,’ and ‘N’ are now null and void.
“Violating paragraph ‘H’ of the said orders and it is hereby set aside” was further stated in reference to the inspection that was allegedly conducted in accordance with the aforementioned Tribunal Orders without the Appellant’s participation.
On the other hand, the Supreme Court halted the implementation of the March 1, 2024, decisions issued by the Court of Appeal concerning the inspection and articles ‘G,’ ‘K,’ and ‘N’ on Thursday, March 7, 2024.
The Petitioners’ legal team requested an interim stay of execution, and the execution was subsequently stayed.
Chief J.S. Okutepa (SAN), leading Shaibu Enejoh Aruwa (SAN), and other attorneys urged the top court to approve the motion on Thursday morning. They argued that the Petitioners would suffer irreparable harm if the Court of Appeal’s rulings were upheld.
Regarding the reliefs requested in the March 5, 2024, motion, the Supreme Court concurred and issued a stay. The hearing on the move on notice has been postponed until March 11, 2024.
The All Progressives Congress (APC) and Governor Ahmed Usman Ododo had previously petitioned the Appeal Court to halt the Tribunal’s examination of voting materials utilized in the Kogi election.
The SDP and Ajaka sought a stay of execution from the Supreme Court after the Appeal Court recommended re-inspection. This means the inspection can continue unabated.
Following Thursday’s verdict, an Ajaka supporter stated, “Supreme has said they should continue from where they stopped.”
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