Kogi poll: Supreme Court vacates Appeal Court ruling on inspection order

The Supreme Court on Thursday upturned the order barring the Social Democratic Party (SDP) candidate, Murtala Ajaka, from inspecting materials used in the November 2023 governorship election in Kogi.

The apex court, in a unanimous decision, upheld the order of the Governorship Election Petition Tribunal sitting in Abuja, which permitted the candidate of the SDP to inspect election materials.

Justice Emmanuel Agim, while delivering the judgment, held that the order of the trial court was within the scope of section 146 of the Electoral Act.

The Tribunal had, in November last year, granted an ex parte order allowing the SDP and its governorship candidate to carry out a forensic examination of the Bimodal Voters Accreditation system (BVAS) used in the election, among other reliefs.

But a three-member panel of justices of the Court of Appeal, led by Justice J.O.K. Oyewole, in its ruling, on March 1, 2024, set aside the inspection permit.

NAN reports that the apex court had stayed the execution of the orders of the Court of Appeal in Abuja, setting aside the inspection order.

The apex court, on Thursday, dismissed the decision of the Court of Appeal and upheld the decision of the trial court.

“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 the light of the foregoing, this appeal is allowed, and the cross-appeal dismissed with no costs,” the court held. (NAN)