The Supreme Court has dismissed the order barring the Social Democratic Party (SDP) candidate, Murtala Ajaka, from inspecting election materials used in the November 2023 gubernatorial election in Kogi State
The Supreme Court, in a judgement delivered on Thursday, March 14, 2024, upheld the order of the Governorship Election Petition Tribunal sitting in Abuja which Ajaka the permission to inspect election materials.
Justice Emmanuel Agim, while delivering the judgement, held that the order of the trial court was within the scope of section 146 of the Electoral Act.
The tribunal had, in November 2023, granted an ex parte order allowing the SDP and its governorship candidate to carry out a forensic examination of all the Bimodal Voters Accreditation System (BVAS) used in the election, among other reliefs.
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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, set aside the inspection order.
The Supreme Court had earlier stayed the execution of the orders of the Court of Appeal in Abuja, setting aside the inspection order.
However, the apex court on Thursday dismissed the decision of the Court of Appeal and upheld the decision of the trial court.
Justice Agim said: “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.”
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