Kogi Guber: Tribunal Gives INEC 2 Days To Grant SDP Access To Election Materials

The Kogi governorship election petition tribunal has mandated the Independent National Electoral Commission (INEC) to furnish the Social Democratic Party (SDP) with certified copies of electoral materials related to the November 11 off-cycle election within 48 hours.  This directive encompasses allowing the SDP’s forensic experts to examine specific electoral materials crucial to their case. The tribunal’s ruling, delivered in Lokoja on Saturday by Chairman Justice Ado Birnin-Kudu, was prompted by motions filed by the SDP and its governorship candidate, Muritala Yakubu-Ajaka, seeking access to materials necessary to challenge the victory of the All Progressives Congress (APC) in the election. Among the materials requested are the Bimodal Voter Accreditation System and result sheets from various Local Government Areas including Adavi, Okene, Okehi, Ogori-Magongo, Ajaokuta, Lokoja, Kogi, and Bassa. Justice Birnin-Kudu emphasized the importance of timely access to these materials to facilitate a smooth judicial process within the constitutional and electoral legal frameworks. In response to the tribunal’s order, lead counsel to the petitioners, John Adele (SAN), highlighted their challenges in obtaining these materials from INEC since November 13, stressing the urgency of the situation. The tribunal adjourned the case to November 29 for INEC to report compliance and for further hearings.  The SDP, represented by Mr. Ajaka, aims to contest the victory of APC and its candidate, Usman Ododo, who was declared the winner with 446,237 votes, while Mr. Ajaka garnered 259,052 votes in the election.

Kogi Poll: Ajaka Alleges Rigging, Decries INEC’s Role In Ododo’s Victory

The candidate of the Social Democratic Party (SDP) in the Kogi State governorship election held on November 11, 2023, Murtala Ajaka, has raised serious allegations of election rigging in favor of Usman Ododo from the All Progressives Congress (APC). Speaking on Channels Television’s on Sunday night, Ajaka expressed his frustration with the electoral process and questioned the integrity of the Independent National Electoral Commission (INEC). Ajaka asserted that contesting the election outcome in court would be futile, as he believes INEC would defend the results as a witness. He emphasized his disappointment, stating, “If the INEC chairman allows this to stand, they are looking for trouble in Nigeria.” According to Ajaka, despite assurances of transparency, he accused INEC of allowing the manipulation of results. INEC had declared Ododo as the winner of the highly contested poll, securing 446,237 votes against Ajaka’s 259,052 votes and Dino Melaye of the Peoples Democratic Party (PDP) with 46,362 votes. Ajaka alleged that figures were inflated in favor of the APC candidate, particularly pointing to discrepancies in Okene Local Government, where the turnout purportedly exceeded the number recorded on the Biometric Verification and Authentication System (BVAS). “In Okene Local Government, they turned out over 130,000 votes. Haba! And INEC accepted that result, and what is on the BVAS is less than 30,000,” Ajaka claimed. He called for a thorough investigation into the conduct of INEC officials in Kogi State and warned of potential consequences, stating, “If they allow this to stand, I doubt if there will be an election in 2027. Because people will go into that election armed, and I fear Somalia will be a child’s play.” In a surprising twist, Ajaka admitted that had they anticipated a similar outcome, they might have considered playing along with the alleged irregularities by inflating results from his area.

APC’s Ododo Emerges Winner In Kogi Guber Race, Defeating Ajaka, Melaye

The November 11, 2023 Kogi State Governorship Election concluded with the All Progressives Congress (APC) candidate, Usman Ododo, emerging victorious, as announced by the State Returning Officer, Prof Johnson Urama, who is the Deputy Vice-Chancellor (Academics) of the University of Nigeria, Nsukka. The declaration came late Sunday night, marking the end of a keenly-contested race. Ododo secured a significant win with 446,237 votes, surpassing his closest rival, Murtala Ajaka of the Social Democratic Party (SDP), who garnered 259,052 votes. Dino Melaye of the Peoples Democratic Party (PDP) trailed with 46,362 votes. The APC candidate dominated over half of the 21 local government areas (LGAs) in Kogi. As an ex-Auditor General of Local Government in Kogi under Governor Yahaya Bello, Ododo was the governor’s anointed candidate, seeking to succeed in the wake of Bello’s double terms of eight years. However, the electoral process was not without controversy. Melaye and civil rights groups raised concerns about “filled result sheets” in the Ogori/Magongo Local Government Area, leading to the suspension of the election in nine wards by the Independent National Electoral Commission (INEC). INEC subsequently announced that fresh polls would be conducted in 59 polling units in the affected area on November 18, 2023. The condition for holding these polls is subject to the Returning Officer’s determination of the application of the Margin of Lead Principle. In his late Sunday declaration, Urama highlighted that the total number of Permanent Voter Cards in the affected polling units was 16,247, which seemed insignificant compared to the substantial lead of about 200,000 votes garnered by the APC candidate ahead of Ajaka. The rejection of the election outcome by both Ajaka and Melaye stems from their expressed disappointment in INEC and security agencies, whom they accuse of collusion with the ruling APC in Kogi. The political aftermath of the Kogi State Governorship Election underscores the complex dynamics and contentious issues surrounding the electoral process in the state.

Melaye, Ajaka Call For Nullification Of ‘Shameful’ Kogi Guber Election

In the aftermath of the Kogi State governorship election, both Dino Melaye, the Peoples Democratic Party (PDP) candidate, and the Social Democratic Party (SDP) governorship candidate Muritala Ajaka have faulted the Independent National Electoral Commission (INEC) over the conduct of the governorship election in the state, calling for the nullification of the results amidst alleged irregularities and malpractices. During a press conference in Lokoja on Sunday, Dino Melaye strongly condemned the election, labeling it as “shameful” and asserting that it did not qualify as a genuine electoral exercise. Melaye criticized the Independent National Electoral Commission (INEC), accusing them of refusing to address the issues that marred previous elections. He claimed that in the central senatorial district of Kogi, accreditation was carried out manually, the Biometric Verification Authentication System (BVAS) was not utilized, and prepared result sheets were evident even before accreditation began. “I will start by condemning in its totality the conduct of the elections yesterday and outrightly call for the total cancellation of the election because that was not an election,” the PDP candidate said. “It is shameful that the unhealthy INEC refuse to realise, ameliorate or palliate the problems they created in the last presidential and governorship elections. “Yesterday in the five local governments of the central senatorial district in Kogi state, there was no election. Surprisingly, accreditation was done manually, the BVAS was not used. Prepared sheets manifested even before accreditation took place and evidence is all over the media. “So, INEC as a matter of urgency must cancel the election. In many areas where I won, my agents were told there were no available result sheets to enter the result and we have evidence to back up these claims. “As I speak to you, it is shameful that this is what our democracy has descended to. INEC has manifested more than before, that they cannot be trusted, they are biased, they are compromised, and they cannot be a neutral umpire. “INEC officials and youth corps members were caught yesterday with prepared result sheets even before the commencement of the processes. A youth corps member was arrested with a prepared result and N1 million in his bag.” Melaye further accused INEC officials and youth corps members of being caught with pre-prepared result sheets, suggesting a compromise of the electoral process. Hours earlier, social media had been flooded with alleged result sheets for the Kogi governorship election, intensifying concerns over the integrity of the electoral process. In a parallel move, the SDP, through its agent David Edibo, presented a petition to the State Returning Officer, urging INEC to cancel the election results from Kogi Central. The SDP said it did not accept the outcome of the election in the five local government areas within the senatorial district, raising objections despite opposition from the APC agent, Idris King. As the collation of results continued, tensions heightened with Governor Yahaya Bello and APC candidate Usman Adodo hailing from Kogi Central.

APC Thugs Attack SDP Campaign Leader In Kogi, Policeman killed, Others Abducted

Political thugs allegedly connected to the ruling All Progressives Congress (APC) launched an attack on the residence of Sheik Ibrahim Jibrin, the Director-General of the Social Democratic Party (SDP) Campaign Council in Anyigba, Kogi State.  This attack occurred early in the morning, resulting in the death of one police officer and four others. The assailants, armed with an armored personnel carrier (APC), forcibly entered the compound by breaking the gate. They fired upon gaining entry, killing Officer Atabor, the police guard. According to the SDP, this attack was carried out by a “rogue force” reportedly assembled by Governor Yahaya Bello in preparation for the upcoming governorship election. The SDP alleged that this rogue force comprised thugs led by a wanted individual, Friday Makama, navy mercenaries led by N.U Akalezi of the Nigerian Navy, and DSS operatives under the command of Mr. Tosin Ajayi. The attack lasted for over an hour, leaving several individuals injured. Besides Officer Atabor’s death, six other individuals, believed to be policemen on official duty, were reportedly taken by the attackers. Comrade I D Ijele, the campaign council’s Head of New Media, is feared to have been abducted during the attack, with no contact since the incident began. The SDP’s campaign council expressed concerns that the rogue force remained active in Anyigba with their armored personnel carrier (APC). The SDP called upon the Inspector General of Police, Kayode Egbetokun, to transfer the commissioner allegedly involved in these activities to ensure a free and fair election in Kogi State.

Kogi APC Guber Pry: Smart Adeyemi Knows Fate Oct 3 

The Supreme Court on Thursday in Abuja fixed October 3 for final judgement in a suit filed by Senator Smart Afolabi Adeyemi challenging the conduct of the April 14, 2023 primary election of the All Progressives congress (APC), for Kogi state governorship election.  Adeyemi is challenging the validity of the primary election which produced Ahmed Usman Ododo as APC’s flagbearer for the November 11 governorship election. The grouse of the appellant is that the provisions of Electoral Act 2022 and the guidelines of the APC were compromised during the primary election. Specifically, Adeyemi who recently represented Kogi West senatorial district in the Senate is claiming that the result brought out by APC in support of Ododo was fraudulent and invalid on the ground that the primary election was conducted in only 11 out of 239 wards in the state. A Federal high court in Abuja and the Abuja division of the Court of Appeal had however delivered judgments against him on the ground that the allegations of malpractices were not proved as required by law, promoting him to go to Supreme Court. At Thursday’s hearing of the Appeal at the Supreme Court, Adeyemi lawyer’s Musibawu Adedtunmbi, SAN, after adopting his briefs prayed the Apex Court to grant the reliefs sought by Adeyemi. The Senior lawyer argued that the primary election of April 14 was conducted in gross violation of section 84 of the Electoral Act, 2022. The senior lawyer claimed that Election did not hold in 228 wards and that the claim was supported by INEC’s field officers in their report on the primary election. However, the APC represented by AbdulWahab Mohammed prayed the Supreme Court panel headed by Justice John Inyang Okoro to dismiss Adeyemi’s appeal on the ground that it is against the concurrent findings of fact by the Court of Appel and the Supreme Court. On its part the Independent National Electoral Commission (INEC) represented by Adeyemi Adeniyi SAN, after adopting his briefs told that Apex Court panel that the appeal was grossly incompetent and that the decision of the two lower courts should be affirmed because there was no allegation of perversion of justice in the decisions of the two lower courts.  Similarly, the third respondent, Usman Ahmed Ododo through his counsel, Francis Ekpa asked the Supreme court to dismiss the appeal on the ground that it has become academic, adding that the 180 days within which APC can conduct another primary election for nomination of candidate has since lapsed. Justice Okoro after taking arguments from the parties announced that the final judgment will be delivered on October 3.

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