The Kogi Governorship Election Petition Tribunal in Abuja has scheduled its judgment on the petition filed by the Social Democratic Party (SDP) and its governorship candidate, Murtala Ajaka, against the election victory of Governor Usman Ododo for May 27. The tribunal, led by Justice Ado Birnin-Kudu, communicated this through its secretary, David Mike.
In the off-cycle election held on November 11, 2023, Usman Ododo of the All Progressive Congress (APC) emerged victorious, defeating Murtala Ajaka of the SDP by a significant margin. Ajaka, dissatisfied with the election results, filed a petition challenging Ododo’s victory.
The case, which began in December 2023, reached a critical point on May 13 when the SDP, Ajaka, APC, Ododo, and the Independent National Electoral Commission (INEC) presented their final written addresses. The tribunal then reserved judgment on the petition.
INEC, Ododo, and the APC, represented by lawyers Kanu Agabi, Joseph Daudu, and Emmanuel Ukala, requested the tribunal to dismiss Ajaka and the SDP’s petition, arguing it was incompetent and lacked merit. Agabi contended that recent judgments by the Court of Appeal and Supreme Court simplified the tribunal's task, stating that if the grounds of a petition are inconsistent with each other and the reliefs sought, it should be struck out. He also argued that the petitioners' evidence was insufficient, citing a Supreme Court decision in Tonye Cole’s case against INEC.
Daudu, representing Ododo, argued that the petition was statute-barred, having been filed out of time, and urged the tribunal to dismiss the forgery allegations against his client, claiming they related to a pre-election matter already decided in Gbagi’s case against INEC. He further asserted that Section 137 of the Electoral Act, cited by the petitioners regarding allegations of over-voting, did not apply in this case. Ukala, representing the APC, supported Daudu’s arguments and urged the court to dismiss the petition.
In contrast, Ajaka’s lawyer, Pius Akubo, argued that the petition was filed within the allowed timeframe, stating that even the respondents’ witness confirmed the petition was filed on December 2, 2023. Akubo urged the tribunal to uphold their petition and reject the respondents’ arguments.
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