The Supreme Court on Friday affirmed the victory of Usman Ododo of the All Progressives Congress (APC) in the November 11, 2023, Kogi State governorship election. A five-member panel of the apex court, in a judgment delivered by Justice Sadiq Umar, dismissed the appeal filed by the Social Democratic Party (SDP) and its candidate, Muritala Ajaka, marking it as SC/CV/654/2024, on the grounds of lacking merit.
Similarly, the court dismissed the appeal filed by the Action Alliance (AA) and its candidate, Olayinka Braimoh, seeking to nullify Ododo’s election victory. The panel, in a unanimous decision, ruled that Braimoh’s appeal was incompetent due to the notice of appeal being filed outside the 14-day window permitted by law.
Justice Umar, who authored and read the lead judgments, resolved all issues raised in both appeals against the appellants. The court also awarded a cost of N5 million against the appellants in favor of the respondents.
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The decisions of the Supreme Court align with the earlier rulings of the Court of Appeal and the Kogi State Governorship Election Petition Tribunal. On July 11, a three-member panel of the Court of Appeal, led by Justice Onyekachi Otisi, had upheld the tribunal’s decision, affirming Ododo’s victory and dismissing the appeals filed by Ajaka, Braimoh, and other parties. The court found that the appellants failed to prove their allegations beyond a reasonable doubt.
Justice Otisi, in her ruling, agreed with the tribunal’s decision to exclude certain evidence presented by the petitioners, citing inconsistencies and procedural errors. She also emphasized that the allegation of forgery against Ododo was a pre-election matter, which should have been addressed in the Federal High Court rather than at the tribunal.
The tribunal had initially dismissed the petition on May 27, ruling that the claims of over-voting and non-compliance with the Electoral Act, 2022, were unsubstantiated and that the witnesses’ testimonies were inconsistent.
The November 11, 2023, governorship election in Kogi State saw Ododo of the APC emerge victorious, defeating his closest rival, Ajaka of the SDP, by a wide margin. Dissatisfied with the election results, Ajaka and his party challenged the outcome, ultimately leading to the Supreme Court’s final ruling, which now upholds Ododo’s election as governor.
