The Court of Appeal sitting in Abuja on Thursday, affirmed Ahmed Usman Ododo of the All Progressives Congress (APC) as the validly elected governor of Kogi state.
A three-member of the Court of Appeal, in a unanimous judgment held that the Social Democratic Party (SDP) and its governorship candidate, Murtala Yakubu Ajaka failed to prove the allegations contained in their petition challenging Ododo’s election beyond reasonable doubt as required by law.
The appellate court said the Kogi State Governorship Election Petition Tribunal which sat in Abuja was right to have expunged the evidence of the first witness called by the petitioners for been hearsay documents.
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According to the court, the allegation of forgery of document which Ododo submitted to the Independent National Electoral Commission (INEC) is a pre-election matter which is handled by the Federal High Court and not the Tribunal.
Having resolved all the issues raised in the appeal against the appellants, the court dismissed the appeal for lacking in merit and upheld the judgment of the Tribunal.
It would be recalled that the tribunal had, on May 27, affirmed the victory of Gov. Ododo of APC in the Nov. 11, 2023 Kogi governorship poll.
The three-member panel of justices held that the petition was bereft of substance and accordingly dismissed it.
Ajaka and his party who are dissatisfied with the decision of the Kogi State Election Petition Tribunal headed by Hon. Justice Ado Yusuf Birnin Kudu approached the Court of Appeal seeking an order setting aside the judgment of the Tribunal, an order restoring the testimony of their first witness (PW1) as well as all the documents they tendered but expunged from the records of the Tribunal.
The appellants also want the Appeal Court to hold that Ododo was not even qualified to have contested the election into the office of Governor of Kogi State and that all votes ascribed and or allocated to him and the APC are wasted votes.
