The Court of Appeal in Abuja has reserved judgment on the appeal filed by the candidate of the Social Democratic Party (SDP) in the November 11, 2023, Kogi governorship election, Muritala Ajaka and his party against the decision of the state election petition tribunal.
In its judgment on May 27, the tribunal upheld the victory of Ahmed Usman Ododo of All Progressives Congress (APC) in the election and dismissed the petition by Ajaka and the SDP.
On Thursday, July 4, a three-member panel of the Court of Appeal took final submissions from lawyers to parties in the case and announced that judgment is reserved, to be delivered on a date to be communicated to them (the parties).
In his submission, Kanu Agabi (SAN) while adopting the briefs filed on behalf of the Independent National Electoral Commission (INEC), prayed the court to dismiss the appeal filed by Ajaka and his party for lacking in merit.
He said there were inconsistencies in the case of the appellants.
Agabi argued that the Appeal Court had decided that if the grounds of a petition were inconsistent with one another, and were not consistent with the reliefs, it should be struck out.
He also argued that the evidence of the petitioners was grossly insufficient, citing a Supreme Court decision.
The former Attorney – General of the Federation (AGF) argued that once the evidence called is grossly insufficient, there is no evidence.
He said the petitioners only called 25 witnesses out of the scores listed.
Agabi further argued that out of the 25 witnesses called by the petitioners, there was no single polling unit agent among them.
Agabi also argued that the first petitioners’ witness (PW1) did not file any witness deposition beforehand as required by law and as such cannot give evidence in an election petition.
Lawyer to Ododo, Joseph Daudu (SAN) noted that no single piece of evidence of PW1 was admitted as evidence by the court on the ground that he failed to front-load his witness statement beforehand.
Daudu said the Tribunal was right to have expunged the evidence of PW1, having declared it inadmissible, and added that the appellants failed to prove the allegation of overvoting in their petition.
He also urged the court to dismiss the allegations of forgery against his client, saying it bordered on a pre-election matter, which the apex court had decided in Gbagi’s case against INEC.
Daudu, who said they failed to prove allegations of over-voting, also argued that Section 137 of the Electoral Act cited by the petitioners on allegations of over-voting did not apply in the instant petition.
He urged the court to dismiss the appeal and affirm the judgment of the Tribunal which upheld the election of Ododo.
Lawyer to the APC, Emmanuel Ukala (SAN) prayed the court to dismiss the appeal for being incompetent.
Ajaka and the SDP, in their 31-ground appeal, insist that they are the winners of the November 11, 2023 governorship election and should be declared the rightful winner.
Lawyer to the appellants, Pius Akubo (SAN) urged the court to void the judgment of the election tribunal and declare Ajaka as the governor of Kogi state.
Akubo argued that the judgment of the tribunal, which upheld Ododo’s election, was a serious miscarriage of justice.
(The Nation
