Supreme Court Upholds Ododo’s Victory in Kogi Governorship Election, Dismisses Ajaka’s Appeal
On Friday, the Supreme Court confirmed Usman Ododo’s victory in the November 11, 2023, Kogi State governorship election, representing the All Progressives Congress (APC). A five-member panel of the apex court unanimously dismissed the appeal filed by the Social Democratic Party (SDP) and its candidate, Muritala Ajaka, which was marked SC/CV/654/2024, citing a lack of merit.
Justice Sadiq Umar, who authored and delivered the lead judgment, addressed all three issues presented for determination, ruling against the appellants, Ajaka and the SDP. The court found that the arguments presented by the appellants failed to establish a compelling case to overturn the election results.
The decision of the Supreme Court aligns with a previous judgment delivered on July 11 by a three-member panel of the Appeal Court, led by Justice Onyekachi Otisi. The Appeal Court had also upheld the ruling of the Kogi State Governorship Election Petition Tribunal, which confirmed Ododo’s election victory. The appellate court determined that the SDP and its candidate, Ajaka, did not prove their allegations beyond a reasonable doubt, as required by law.
In addition to dismissing the appeal by Ajaka and the SDP, the Supreme Court also threw out related appeals filed by the Action Alliance (AA) and its candidate, Olayinka Braimoh, as well as the Peoples Redemption Party (PRP) and its candidate, Dr. Abdullahi Bayawo. These appeals similarly challenged Ododo’s victory, but were found to lack sufficient evidence to support their claims.
Justice Otisi, while delivering the judgment on the SDP and Ajaka’s appeal, concurred with the findings of the election petition tribunal, which had convened in Abuja. The tribunal had previously excluded evidence provided by the first prosecution witness (PW-1) called by the petitioners, classifying it as documentary hearsay. Justice Otisi emphasized that, by law, witnesses—whether subpoenaed or otherwise—are required to submit their witness statements on oath beforehand. She ruled that the petitioners’ witnesses were incompetent, as their statements did not accompany the petition, contrary to the requirements of electoral law.
Further, the judge highlighted inconsistencies within the appellants’ case and clarified that allegations of forgery against Ododo, relating to documents submitted to the Independent National Electoral Commission (INEC), constituted a pre-election matter. Such issues, she stated, fall under the jurisdiction of the Federal High Court and not the election tribunal, as they pertain to events that occurred before the election date of November 11, 2023. The court also reiterated that claims of forgery must be proven beyond a reasonable doubt to warrant any legal consequence.
Nigerian news agency NAN reported that on May 27, the tribunal had already affirmed Ododo’s victory in the governorship election, ruling that the petition filed by the SDP and Ajaka lacked substantial merit. The tribunal, led by Justice Ado Birnin-Kudu, dismissed the petition on the grounds of insufficient evidence and inconsistencies in witness testimonies. Additionally, it upheld that the allegations of over-voting and non-compliance with the Electoral Act, 2022, were unproven.
Ultimately, the Supreme Court’s judgment reinforces the earlier decisions of both the tribunal and the Court of Appeal, solidifying Usman Ododo’s position as the duly elected governor of Kogi State. The ruling has effectively closed the chapter on the electoral dispute, ensuring stability and continuity in the state’s governance.
The November 11, 2023, governorship election saw Ododo of the APC defeat his closest competitor, Muritala Ajaka of the SDP, by a significant margin. Dissatisfied with the outcome, Ajaka and the SDP contested INEC’s declaration of Ododo as the winner, leading to a series of legal battles that have now been conclusively resolved in favor of Ododo and the APC.
