BREAKING: Apex Court dismisses order stopping Ajaka from investigating Kogi election materials

The ruling of the Governorship Election Petition Tribunal in Abuja, which permitted the Social Democratic Party (SDP) candidate in the Kogi election of November 2023 to view election materials, has been maintained by the Supreme Court.

Allnews.ng had reported that the Supreme Court upheld the Court of Appeal's order to set aside the inspection order.

In November of last year, the Tribunal first granted an ex parte decision, among other reliefs, allowing the SDP and its candidate, Murtala Ajaka, to perform a forensic analysis of the Bimodal Voters Accreditation system (BVAS) utilised in the election.

But on March 1, 2024, the Court of Appeal reversed the inspection order. Justice J.O.K. Oyewole headed a panel of three justices in this decision.

In a surprising development, the Supreme Court dismissed the Court of Appeal's decision while upholding the trial court's in a unanimous decision read by Justice Emmanuel Akomoye Agim.

The Supreme Court highlighted that section 146 of the Electoral Act was followed by the trial court's decision.

“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.