Breaking News: Appeal Court Decision Confirms Ododo As Kogi State Governor

Breaking News: Appeal Court Decision Confirms Ododo As Kogi State Governor

The Court of Appeal in Abuja has upheld the election of Usman Ododo of the All Progressives Congress (APC) as the Governor of Kogi State.

In a judgment on Thursday, a panel of the Court of Appeal dismissed the appeal filed by the governorship candidate of the Social Democratic Party (SDP) Muritala Ajaka and his party on the grounds that it is unmeritorious.

The Court of Appeal , which resolved all the four issues, identified for determination, against the appellants, held that the appellant failed to proved allegations of over voting, certificate forgery, among others.

In the unanimous judgement delivered by Justice Onyekachi Otisi the court held that the election tribunal, which sat in Abuja was right to have expunged the evidence of the first witness called by the petitioners (PW1) on the grounds that the evidence given by the witness was  hearsay.

It added that witnesses in election cases, whether subpoenaed or ordinary witnesses, are supposed to front load their witness statement on oath.

The court added that, “the order of the tribunal expunging the evidence of the PW1 cannot be faulted. The law grants the lower court  the power to expunge inadmissible evidence brought before it.”

It held that the appellants’ claim that the document that Ododo submitted to the Independent National Electoral Commission (INEC) were forged,  is a pre-election issue  which is handled by the Federal High Court and not election tribunal.

The court noted that the incident occured before the conduct of the  governorship election on November 11, 2023and as such, cannot be legislated upon by the lower election tribunal.

It held that allegation of forgery of document ought to be proven beyond reasonable doubt, “This, the appellants failed to do as required by law. Affidavit of lost attached to form EC8 by the second defendant is by no means a certificate.

Justice Otisi said: “I see no reason to disturb the decision of the lower Tribunal on the petition as the appellants have failed to prove their allegations contained in their petition”, the court held and resolved all the issues raised in the appeal against the appellants.

“This appeal failed and it is hereby dismissed for lacking in merit. There is no order as to cost, parties are to bear their respective cost”, Justice Onyekachi Otisi held.

The Court of Appeal also dismissed the appeals by Action Alliance (AA) and its governorship candidate, Olayinka Braimoh and that of the Peoples Redemption Party (PRP) and its governorship candidate, Dr. Abdullahi Yunusa Bayawo, for being without merit.

Meanwhile, reacting to the judgment, Ajaka said he will appeal at the Supreme Court.

In a statement, Ajaka said the journey to reclaiming his stolen mandate is not limited to the decision of the appellate Court.

He said, “We must remain relentless in our pursuit of justice. We cannot afford to be deterred by setbacks or disheartened by temporary defeats.

“Our cause is just, and our determination will not waver. We must stand united and continue to support our legal team as they navigate these complex legal waters on our behalf.

“I want to assure you, our political followers, that victory is within our grasp. We firmly believe that the truth will prevail, and justice will be served.

“We have full faith in the Nigerian judicial system, and we are confident that the apex court will rectify the injustices that have been inflicted upon us once again” he said.

He called on all his supporters to remain calm and peaceful in the face of, “this disappointment and injustice.

We understand the frustration and anger that may arise from this situation, but resorting to violence or any form of unlawful behaviour is not the solution. We must continue to uphold the principles of democracy and fight for justice through legal means”, Ajaka stated.

While commending his legal team for working diligently and tirelessly throughout the legal battle, he said,  their brilliance, dedication, and unwavering commitment to justice have been evident at every step of the way, not minding the disappointing outcome so far.

In his words, “We have tirelessly fought for the right  and and interests of the people of Kogi state and we will not let this temporary setback deter us from our mission.

“We  understand that this decision may have brought about feelings of disappointment and frustration among our supporters, but we want to assure you that this setback will not stop our determination to use all legal means to reclaim our stolen mandate”, Ajaka said.