The Supreme Court has upheld the decision of the Governorship Election Petition Tribunal in Abuja, which allowed the Social Democratic Party (SDP) candidate in the November 2023 Kogi election to inspect election materials.
Previously, the Supreme Court had paused the orders from the Court of Appeal in Abuja that had overturned the inspection order.
In November of last year, the Tribunal granted an ex parte order for the SDP and its governorship candidate, Murtala Ajaka, to conduct a forensic examination of all the Bimodal Voters Accreditation System (BVAS) used in the election, along with other requests.
On March 1, 2024, a three-man panel of justices from the Court of Appeal, led by Justice J.O.K. Oyewole, overturned the inspection order.
But on Thursday, the Supreme Court rejected the Court of Appeal’s decision and supported the trial court’s ruling.
Justice Emmanuel Akomoye Agim, speaking for the unanimous decision, stated that the trial court’s order was in line with Section 146 of the Electoral Act.
“Our position is that the motion seeking to set aside the Court of Appeal was wrong to have reversed the decision of the trial court that the motion seeking to set aside the decision of the trial Tribunal was incompetent.
“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 light of the foregoing, this appeal is allowed, and the cross-appeal dismissed with no costs,” the court held.
