Kogi: Supreme Court sets aside Appeal court’s ruling on inspection order

The Supreme Court has dismissed the Court of Appeal ruling which set aside the inspection Order granted the Candidate of the Social Democratic Party (SDP) by the Governorship election Petition Tribunal sitting in Abuja. The Governorship election petition Tribunal had, on November 25, 2023, granted an Exparte Order, allowing the SDP and its candidate in the 11th November, 2023 Governorship election to carry out forensic examination of all the Bimordal Voters Accreditation system (BVAS) used in the Governorship election, among other sundry reliefs. A three-man panel of justices of the Court of Appeal, led by Justice J.O.K. Oyewole, sets aside the inspection order, on the grounds that it has gone outside the province of the Electoral Act. The Court of Appeal ordered that, while inspection is allowed under the Electoral Act, it must be jointly carried out with the respondent and the scope of the inspection should be within the strict limit allowed under the Electoral Act. However, the Supreme Court, in a judgment delivered by Justice Emmanuel Agim, on Thursday, allowed the appeal of the Appellants, saying that the order of inspection made by the trial tribunal were within its power. The Court also held that the Respondents were duly served.

We’re Investigating Pre-Filled Result Sheets In Kogi Voting Centres -INEC

The Independent National Electoral Commission (INEC) has issued a response to the allegations of pre-filled result sheets in Kogi State during the ongoing governorship election.  Leading election observer group,  Youth Initiative for Advocacy, Growth and Advancement (YIAGA) had raised alarm over prefilled result sheets in some polling units. The forged sheets showed that the All Progressives Congress (APC) were winning the gubernatorial election. Reacting to the development, INEC vowed to review and investigate the incident. The statement reads,  “Our attention has been drawn to a report that filled result sheets were discovered in some polling units in Kogi State.  “The Commission views this situation seriously. Our senior officials deployed to the State are currently investigating the incident(s).  “The Commission will communicate its decision earnestly.” Meanwhile, Usman Ododo, the All Progressives Congress (APC) candidate for the Kogi governorship, has expressed satisfaction with the peaceful and orderly nature of the ongoing election in the state.  Ododo, after casting his ballot at his polling unit, lauded the Independent National Electoral Commission (INEC) for their management of the electoral process.  “I commend INEC management for how far it’s going, and as you can see, the election is peaceful and orderly,” he stated on Saturday.

INEC Alerted Of Malpractice As Pre-Filled Results Sheets Surface In Kogi Polling Units

Yiaga Africa, a popular election observer group, has sounded the alarm over disturbing reports of pre-filled election results emerging from various polling units in the ongoing governorship election in Kogi state. In a statement released on its verified X platform on Saturday, Yiaga Africa urgently called on the Independent National Electoral Commission (INEC) to investigate and address the reported cases of election malpractice promptly.  The group expressed concern about the potential impact on the integrity of the election process. “Dear @inecnigeria, we received reports of pre-filled results sheets discovered in PU 004, Eni Ward of Ogori/magongo in Kogi state before the commencement of voting. Kindly investigate and address this issue promptly to safeguard the integrity of the process,” the statement read. The election observer group highlighted another case of pre-filled results sheets, this time in PU 020, Eika/Ohizenyi, Okehi LGA of Kogi state.  These alarming revelations surfaced barely an hour into the voting process, which commenced around 8:30 am. Meanwhile, as the residents head to the voting centres to elect their new governor, the Nigerian Army has initiated a lockdown of key highways in the capital city and other regions notorious for electoral violence in the State. Roadblocks were mounted on the highway and vehicular movement was restricted with exception of those rendering essential services.

Kogi Guber: INEC Tasks Media On Ethics, Professionalism

The Independent National Electoral Commission (INEC) has tasked media practitioners to ensure ethics in their reportage, ahead of the November 11 Kogi governorship election. Prof. Mahmud Yakubu, the Chairman, INEC, said this at a meeting with Kogi media executives in Lokoja as part of preparation for the election. Yakubu, who was represented by his media aide, Mr Rotimi Olakanmi, said that the appeal became imperative because of the reoccurring cases of fake news in the media in recent times. “As stakeholders, the media should refuse the temptation to move away from facts as being seen in the social media, where fake news has become the order of the day. “Let’s practice in accordance with the ethics of the profession and the laws of the land to help INEC succeed in its task of conducting credible, peaceful and successful election in Kogi come November 11,” he said. Earlier, Dr Gabriel Longpet, the state INEC Resident Electoral Commissioner (REC), described the media as critical partner and stakeholder in the hitch-free conduct of the November 11 governorship election. Longpet said that INEC was prepared and ready for the conduct of the election devoid of rancour. “All we want is for the people of the state to demonstrate a change of attitude toward election and ensure that the election is credible and peaceful. “Therefore, political actors should not do anything that will negatively affect the election, but to support the commission to succeed for the good of the state,” he said. Alhaji Mommoh Jimoh, the chairman of the state council of the Nigeria Union of Journalists (NUJ), lauded INEC for organising the meeting, which he said was the first of its kind since the creation of the state. Jimoh pleaded with INEC to provide journalists with accreditation cards and other materials needed for the smooth coverage of the poll. He assured INEC of journalists’ readiness to give the November 11 election the desired coverage for posterity.

Kogi Guber: Appeal Court dismisses suits seeking Ododo’s disqualification 

The Court of Appeal, Abuja on Friday dismissed the appeals filed by a former Senator representing Kogi West Senatorial District at the National Assembly, Smart Adeyemi and that of a governorship aspirant of the All Progressives Congress (APC) in Kogi state, Mr. Abubakar Achimugu, seeking to nullify the governorship primary election of the party which produced Ahmed Usman Ododo as the party’s flagbearer for the Kogi state governorship election slated for November 11. The court held in a unanimous judgement that the two appeals challenging the judgement of the Federal High Court sitting in Abuja lacked merit and accordingly dismissed them. Justice Muhammed Lawal Shuaibu’s led panel held that the appellants failed to prove the criminal allegations in his case. The Appellate court ruled that the burden of prove lies on the plaintiff who alleges irregularities in the conduct of the primary election of the APC for the nomination of its governorship candidate in the forthcoming governorship election in Kogi state. He said, “the evidence placed before the trial court by the respondents was not controverted by the appellant in this circumstance, issue one is hereby resolved against the appellant. “Where commission of a crime is an issue, it must be proved beyond reasonable doubt. Allegation of falsification of votes is a criminal act and it is required in law to be proved beyond reasonable doubt, which the appellant could not prove, consequently, issue two is resolved against the appellant. “On the whole, the appeal is un-meritorious and it is hereby dismissed. The judgement of the lower court is hereby affirmed. Parties are to bear their respective cost”, Justice Shuaibu held. Recall that Justice James Omotosho of the Federal High Court in Abuja had, in a judgement delivered on July 12, held that Adeyemi did not prove his allegation that Ododo was not lawfully nominated by the APC.  Adeyemi had alleged in his suit that the primary election that purportedly produced Ododo as the APC governorship candidate did not hold and that the results were forged. Delivering judgement in the suit marked FHC/CS/556/2023, Justice Omotosho held that Adeyemi’s allegations of results forgery were criminal and must be proved beyond reasonable doubts. The court noted that the burden of proof was on the applicant to produce the forged results or the original copies of the results to discharge the burden and added that, failure to discharge the burden was fatal to the applicant’s case and further held that, there was evidence that the primary election was validly held and monitored by INEC. Dissatisfied with the judgement which affirmed the primary election that produced Ododo as candidate of the party, Adeyemi approached the appellate court to set aside the judgement. Adeyemi had in his suit at the trial court, sought the cancellation of the primary election on the ground that it was not validly conducted and prayed the court to declare as illegal, unlawful and invalid, the purported direct primary election said to have been conducted by the APC, through which Ododo emerged as a candidate for the governorship poll. The former lawmaker told the court that Ododo was handpicked as flag-bearer of the party by the outgoing Governor of the state, Yahaya Bello, in gross violation of Section 177 of the 1999 Constitution, Section 29 and 84 of the Electoral Act as well as Article 20 of the Constitution of the APC. Besides, the aggrieved governorship aspirant, through his team of lawyers led by Dr Adekunle Ottitoju, prayed the court to order the APC to conduct a fresh primary election and to give all aspirants equal opportunity as prescribed by the Electoral Act, 2022. But, in his judgement, Justice Omotosho held that the plaintiff did not by way of credible evidence, establish his allegation and said, he found no reason to invalidate the outcome of the primary election and consequently dismissed the suit for lacking in merit.  In the same vein, the Court of Appeal, Abuja dismissed Achimugu’s appeal against a judgement of a Federal High Court sitting in Abuja which affirmed Ahmed Usman Ododo as the APC flagbearer for the November 11, 2023 governorship election in Kogi state. The appeal was against the judgement of Justice Obiora Egwuatu delivered on 18th July which held that, Ododo can lawfully continue to fly the flag of the APC in the November 11, 2023 governorship election in Kogi State. The appellate court, in a unanimous judgement delivered on Friday held that Achimugu’s appeal is bereft of merit and affirmed the judgement of the trial court. The court consequently dismissed the appeal for lacking in merit. Achimugu had approached the trial court with a suit seeking to disqualify Ododo from contesting the November 11 governorship election on grounds that he did not resign his employment with the Kogi State public service 30 days before contesting the governorship primary election. But, the trial court, in its judgment, held that contrary to the claim of Achimugu, evidence showed that Ododo resigned his appointment more than 30 days before participating in the APC primary. According to Justice Egwuatu, exhibits tendered by the defendants showed that while Ododo’s resignation letter was received by the Office of the Kogi State Governor on March 8, that of the 3rd defendant, Mr Salami Deedat, was received on March 9. “Satisfied that they resigned their appointment on March 8 and 9, more than 30 days before the April 14 primary election of the APC, the suit is bereft of any merit and is accordingly dismissed”, the court held. Achimugu, in a Notice of Appeal filed on July 21 through his counsel, Josiah Daniel-Ebune said Justice Egwuatu erred in law and occasioned a miscarriage of justice when he held that Ododo and Salami Deedat (2nd and 3rd defendants) duly resigned their appointment and thus, not caught up with the mandatory provision of what the law requires them to do before they participated in the APC’s governorship primary election for Kogi state held on April 15, 2023. He asked the appellate court for an order setting

Kogi Guber: Court orders security agencies to protect SDP’s Ajaka 

Justice Inyang Ekwo of a Federal High Court in Abuja on Thursday ordered security agencies in the country to provide maximum security to the candidate of the Social Democratic Party (SDP), in the November governorship election in Kogi State, Murtala Ajaka. The order is following an ex-parte application made before the court by the governorship flagbearer, dated July 11, seeking a restraining order against the security agencies from arresting, inviting, detaining, or threatening the applicant’s life and property pending the hearing and determination of the substantive suit.  By the order, the security agencies which include the Chief of Defence Staff, Army, Navy, DSS and Police are to guarantee the safety of the SDP candidate, pending the hearing of a suit filed before the court. Defendants in the suit marked FHC/ABJ/CS/952/2023, are the Governor of Kogi State, Yahaya Bello, the Inspector General (IG) of Police, the Commissioner of Police (Kogi State), DSS, the Director General of DSS, Director DSS (Kogi State), Commandant General of the Nigerian Security and Civil Defence Corps (NSCDC), Chief of Defence Staff, Chief of Army Staff and Chief of Naval Staff as 1st to 11th respondents, respectively. The court held that Ajaka’s request through his counsel, Mr. Sunday Aruwa, SAN, was meritorious and accordingly granted it as prayed. “An Order is hereby made restraining the respondents, their agents, servants and anybody acting through or under them from arresting, inviting, detaining or threatening the applicant’s life and property pending the hearing and determination of the substantive suit.  “An Order is hereby made compelling the 2nd – 11th respondents to immediately provide maximum security to the applicant in Abuja FCT, Kogi State, and elsewhere in Nigeria pending the hearing and determination of the substantive suit”, the judge ruled. Before adjourning to July 21 for a hearing, the court ordered the applicant to serve the respondents with all the processes in this suit together with the Order of the Court.  Before the court’s order on Thursday, Ajaka had earlier petitioned Governor Yahaya Bello to the IGP, Mr Olukayode Egbetokun over an alleged threat to his life, as well as that of members of his family.