The Court of Appeal in Abuja has affirmed the election of Usman Ododo as the duly elected governor of Kogi state. The judgement was delivered yesterday by Justice Onyekachi Otisi who headed the three man panel of the court.
Justice Otisi held that the Social Democratic Party (SDP) and its Governorship candidate, Murtala Ajaka failed to prove the allegations contained in their appeal beyond reasonable doubt as required by law.
The Court of Appeal also dismissed the appeals filed by the Action Alliance (AA) and its governorship candidate, Olayinka Braimoh; and that of the People’s Redemption Party (PRP) and its governorship candidate, Dr Abdullahi Bayawo, who also challenged Ododo’s victory.
Justice Otisi also held the decision of the Kogi State Governorship Election Petition Tribunal, which had earlier delivered a judgement in favour of Governor Ododo in Abuja. The judge said the tribunal was right to have expunged the evidence of the first prosecution witness (PW-1) called by the petitioners, on the ground that the evidence tendered by the witness was a documentary hearsay.
She said witnesses, whether subpoenaed or normal, are supposed to front-load their witness statements on oath as required by law.
“The order of the tribunal expunging the evidence of the PW-1 cannot be voided. The law grants the lower court power to expunge inadmissible evidence brought before it,” she said.
The judge agreed that the petitioners’ witnesses were lacking ability because their statements did not accompany the petition in line with the electoral laws. She agreed with the tribunal that there were inconsistencies in the case of the appellants.
She held that the allegation of forgery of documents by Ododo, submitted to the Independent National Electoral Commission (INEC) is a pre-election matter, handled by the Federal High Court and not the tribunal. Considering the said action happened before the conduct of the November 11, 2023 governorship election in the state, and, as such, cannot be legislated upon by the lower tribunal. The judge also held that the allegation of forgery of documents ought to be proven beyond reasonable doubt.
“This, the appellants failed to do as required by law. Affidavit of loss attached to Form EC8 by the second defendant (Ododo) is by no means a certificate. I see no reason to disturb the decision of the lower tribunal on the petition, as the appellants have failed to prove their allegations contained in their petition”, the appellate court held.
Justice Otisi subsequently resolved all the issues raised in the appeal against the appellants.
“This appeal failed and it is, hereby, dismissed for lacking in merit. There is no order as to cost, parties are to bear their respective costs”, Justice Otisi held.
However, the Kogi State governorship candidate of the Social Democratic Party (SDP), Murtala Ajaka, in a statement, yesterday, vowed to challenge the Appeal Court judgement at the Supreme Court.
He said: “We must remain relentless in our pursuit of justice. We cannot afford to be deterred by setbacks or disheartened by temporary defeats. Our cause is just, and our determination will not waver. We must stand united and continue to support our legal team as they navigate these complex legal waters on our behalf. I want to assure you, our political followers, that victory is within our grasp. We firmly believe that the truth will prevail, and justice will be served. We have full faith in the Nigerian judicial system, and we are confident that the apex court will rectify the injustices that have been inflicted upon us once again”.
He called on all his supporters to remain calm and peaceful in the face of the disappointment and injustice. He said: “We understand the frustration and anger that may arise from this situation, but resorting to violence or any form of unlawful behaviour is not the solution. We must continue to uphold the principles of democracy and fight for justice through legal means”.
While commending his legal team for working diligently and tirelessly throughout the legal battle, he said their brilliance, dedication, and unwavering commitment to justice have been evident at every step of the way, not minding the disappointing outcome so far.
He said: “We have tirelessly fought for the rights and interests of the people of Kogi State and we will not let this temporary setback deter us from our mission. We understand that this decision may have brought about feelings of disappointment and frustration among our supporters, but we want to assure you that this setback will not stop our determination to use all legal means to reclaim our stolen mandate.”
The 2023 Governorship election in Kogi state is one that has probably the most attention because of accusations of electoral misconduct, rigging, and over voting. Fairview continues to observe the outcome of the court cases.
