From David Onuoja, Abuja
There was an uproar today as the Appeal Court in a landmark judgment, affirmed the earlier ruling of the Kogi State Governorship Election Tribunal, declaring Governor Ahmed Usman Ododo, as the rightful winner of the November 11th 2023 election.
The Court’s decision confirms Ododo’s victory, cementing his position as the duly elected Governor of Kogi State.
A three-member committee of the Court of Appeal, in a unanimous judgement delivered by Justice Onyekachi Otisi who led the panel, held that the Social Democratic Party (SDP) and its Governor ship 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 subpoena 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.”
It would be recalled that, the Independent National Electoral Commission (INEC) announced Ododo, candidate of the All Progressives Congress (APC), as the winner of the Kogi Governor ship election held on November 11, 2023.
Ododo polled 446,237 votes to defeat Ajaka who came second with 259,052 votes; and Dino Melaye of the Peoples Democratic Party (PDP) who scored 46,362 votes.
Earlier on 27th May 2024, the Kogi State Governorship Election Tribunal dismissed the petition filed by the Social Democratic Party Candidate, Muritala Ajaka on the ground that it lacks merit.
Aggrieved by the decision of the Tribunal, SDP and its candidate approached the Court of Appeal.
Ajaka and his party who were dissatisfied with the decision of the Tribunal headed by 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 opined that the Appeal Court to uphold their submission 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.
Similarly, the appeal challenging Ododo’s election filed by Action Alliance and its Governor ship candidate, Olayinka Braimoh and that of the Peoples Redemption Party (PRP) and its Governor ship candidate, Dr. Abdullahi Yunusa Bayawo were also dismissed by the Appellate Court.
