Kogi Election Tribunal Verdict: How Muritala Ajaka of SDP Lost Case »

● Judge Says Section 137 of Electoral Act not a Magic Wand

● Contradictory Statements of Witnesses Mar Claims

● SDP BVAS Star Witness Not a Confirmed Staff of INEC

● Forensic Expert Dismissed for Unoriginal Certificates

● Claims of Certificate Forgery, Pre-election Matter

The Kogi Electoral Tribunal sitting in Abuja gave its Verdict on 27th of May, 2024, declaring the incumbent Governor, Alhaji Usman Ododo as the duly elected winner of the November 11, 2023 Kogi Elections.

The petitioner, Alhaji Muritala Ajaka of the Social Democratic Party, according to the tribunal Judge, failed to establish his case which relies on the non-compliance of the election to the 2022 Electoral Act.

Several allegations were levied against the Respondent, Alhaji Usman Ododo by the petitioners which includes allegations of over-voting and Certificate forgery, praying the court to upturn the election in favour of the petitioners.

In the court ruling, the Judge ruled inter alia

The allegations of over-voting were thrown out by the court for failure to establish their case beyond reasonable doubt. In the ruling, the judge opined that the petitioners could not establish that the Respondent authorized over voting. It was also cited that the witnesses promised in deposition numbered up to 606, with only fraction (25) provided as physical witnesses. The witnesses according to the judges gave contradictory testimonies against their written depositions. The judges also opined that the failure of the petitioners to provide witnesses from all the Polling units failed to help their prayers as most of the witnesses provided appeared procured.
The inability of the petitioners to provide material witnesses, video evidences to demonstrate their documents hemorrhaged their case as Section 137 of the Electoral Act, which they relied upon could not be passed as a magic wand.
The Star witness of the SDP, who was alleged to be a staff of the Independent Electoral Commission, INEC, was not verified to be a staff of the electoral umpire. His disposition during cross examination also shows he was not part and parcel of the election as he was out of station in Imo State on the day of Election in Kogi State.

The court also ruled that individuals who are not part of the manufacturing of the Bimordal Verification System, BVAS, lose the locus standi to demonstrate such evidence in exhibit.

The Forensic Expert provided by the petitioners to prove their claims of over-voting after inspection of the electoral materials failed to meet set requirements of the electoral act according to the judges. The acclaimed expert submitted only a photocopy of his credentials which according to the Tribunal does not validate his professional claims.
On the Certificate Forgery claims, the court ruled that the issue was at best a wind gone before the rains, which could only be argued under pre-election matter as it is statues barred.

The following grounds constituted the grounds for the dismissal of the prayers of the SDP candidates for lacking in merit and failure to prove beyond reasonable doubt that he won the election, therefore, the Tribunal certified Alhaji Usman Ododo as the duly elected winner of the Kogi November 11th, 2023 elections.

~Kogi Rebel