The Court of Appeal sitting in Abuja on Thursday, affirmed Ahmed Usman Ododo of the All Progressives Congress (APC) as the validly elected governor of Kogi state.
A three-member of the Court of Appeal, in a unanimous judgment held that the Social Democratic Party (SDP) and its governorship candidate, Murtala Yakubu Ajaka failed to prove the allegations contained in their petition challenging Ododo’s election beyond reasonable doubt as required by law.
The appellate court said the Kogi State Governorship Election Petition Tribunal which sat in Abuja was right to have expunged the evidence of the first witness called by the petitioners for been hearsay documents.
According to the court, the allegation of forgery of document which Ododo submitted to the Independent National Electoral Commission (INEC) is a pre-election matter which is handled by the Federal High Court and not the Tribunal.
Having resolved all the issues raised in the appeal against the appellants, the court dismissed the appeal for lacking in merit and upheld the judgment of the Tribunal.
It would be recalled that the tribunal had, on May 27, affirmed the victory of Gov. Ododo of APC in the Nov. 11, 2023 Kogi governorship poll.
The three-member panel of justices held that the petition was bereft of substance and accordingly dismissed it.
Ajaka and his party who are dissatisfied with the decision of the Kogi State Election Petition Tribunal headed by Hon. Justice Ado Yusuf Birnin Kudu approached the Court of Appeal seeking an order setting aside the judgment of the Tribunal, an order restoring the testimony of their first witness (PW1) as well as all the documents they tendered but expunged from the records of the Tribunal.
The appellants also want the Appeal Court to hold that Ododo was not even qualified to have contested the election into the office of Governor of Kogi State and that all votes ascribed and or allocated to him and the APC are wasted votes.
In his reaction, Ajaka alleged that some irregularities and manipulations influenced the outcome of the petition he filed along with his party against the election of Usman Ododo of the All Progressives Congress (APC) before the Court of Appeal.
In a statement made available to newsmen after the judgement of the appellate court which dismissed his appeal for lacking in merit, Ajaka said he would appeal the decision of the Court of Appeal and added that 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 rights 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.”
