The Kogi Governorship Election Petitions Tribunal sitting in Abuja on Monday adjourned the hearing in the petition filed by the Social Democratic Party and its candidate, Murtala Ajaka, until March 14.
The development followed the Court of Appeal judgment that set aside the tribunal’s inspection order granted the SDP and expunged paragraphs ‘g’, ‘k’ and ‘n’ of the earlier ruling.
Upon resumed hearing, counsel to the petitioners, Jibrin Okutepa, SAN, moved for the business of the day.
But the first respondent’s lawyer, Kanu Agabi, SAN, drew the attention of the tribunal to the decision of the Appeal Court and an affidavit to the effect.
This necessitated the adjournment for the tribunal to take the application.
Meanwhile, the issue of tendering the Independent National Electoral Commission devices and others scheduled for today could not proceed amid the appellate court decision.
The Appeal Court sitting in Abuja had, on Friday, set aside the inspection order granted to the candidate of the SDP by the Governorship Election Petition Tribunal sitting in Abuja.
The Appeal Court on March 1, vacated the inspection order granted Mr Ajaka and his party by the election petition tribunal.
The tribunal had, on November 25, 2023, granted an ex-parte order, allowing the SDP and its candidate in the November 11, 2023, governorship poll to carry out a forensic examination of all the Bimodal Voters Accreditation System used in the election, among other reliefs.
But the three-member panel of justices led by Justice J.O.K. Oyewole, in a unanimous ruling, set aside the inspection order on the grounds that it went outside the provisions of the Electoral Act.
The appellate court held that while inspection is allowed under the Electoral Act, it must be jointly carried out with the respondents and the scope of the inspection should be within the strict limit allowed under the Electoral Act.
“The ex parte order made by the trial tribunal on November 25, 2023, at the instance of the 1st and 2nd respondents is within the jurisdictional competence of the said tribunal.
“However, paragraphs ‘g’, ‘k’ and ‘n’ thereof are beyond the scope of Section 146 (1) of the Electoral Act 2022. The said paragraphs ‘g’, ‘k’ and ‘n’ are hereby expunged.
“The inspection purportedly done pursuant to the said orders of the trial tribunal without the presence of the appellant violates paragraph ‘h’ of the said orders and it is hereby set aside,” the panel ruled
Other members of the Appeal Court panel include Justices A. I. Banjoko and A.B. Mohammed.
(NAN)
