Kogiflame
The Court of Appeal sitting in Abuja has revised the inspection order granted the candidate of the Social Democratic Party (SDP), Murtala Yakubu Akaja, by the Governorship Election Petition Tribunal.
The Tribunal had, on November 25, 2023, granted an Exparte Order, allowing the Social Democratic Party and its candidate in the 11th November, 2023 governorship election to carry out forensic examination of all the Bimordal Voters Accreditation System (BVAS) used in the election, among other sundry reliefs.
The Appellate court ruled that the initial authorization for scrutinizing the voting machines was procedurally flawed.
According to the court, such examination mandates the involvement of all concerned parties in the election process, adhering to specific procedural protocols, which were not duly observed previously.
The court ruled that the Independent National Electoral Commission (INEC) take immediate steps to invite All Progressives Congress (APC) and its candidate as well as any other relevant party for a fresh inspection exercise in accordance with the extant provisions of the earlier order granted by the Tribunal.
The three-member panel led by Justice J.O.K. Oyewole, in a unanimous ruling, sets aside the inspection carried out by SDP and its candidate.
Other members of the panel are – Justices A. I. Banjoko and A.B. Mohammed.
Justice Oyewole, who delivered the judgement, held that while the inspection was 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 Act.
“The ex parte order made by the trial tribunal on the 25th November 2023 at the instance of the 1st and 2nd respondents are 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.
“Consequently, the 3rd Respondent shall take immediate steps to invite the 1st and 2nd Respondents as well as the 4th respondent and any other relevant party for a fresh inspection exercise in accordance with the extant provisions of the said orders of the trial Tribunal,” the panel ruled
Social Democratic Party was represented at the Court of Appeal by Pius Akubo, SAN; the Independent National Electoral Commission (INEC) was represented by Chief Kanu Agabi, SAN; Governor Usman Ahmed Ododo was represented by J.B. Daudu, SAN, while the All Progressives Congress was represented by Abdulwahab Muhammed, SAN.
