Abuja, Nigeria – The Kogi State Governorship Election Petition Tribunal, sitting in Abuja, confirmed Usman Ahmed Ododo as the lawfully elected governor of Kogi State on Monday, dismissing the petition filed by the Social Democratic Party (SDP) and its candidate, Murtala Ajaka.
The three-member panel of the tribunal, led by Justice Ado Birnin-Kudu, upheld the Independent National Electoral Commission (INEC)’s declaration of Ododo, the All Progressive Congress (APC) candidate, as the winner of the November 11, 2023 election. According to the results announced by the State Returning Officer, Prof. Johnson Urama, Ododo secured 446,237 votes, defeating Ajaka, who garnered 259,052 votes, and Dino Melaye of the Peoples Democratic Party (PDP), who received 46,362 votes.
The petitioners sought to annul the election results on grounds of alleged over-voting, forgery of personal documents submitted to INEC, and non-compliance with the Electoral Act. Ajaka’s legal team, led by Jibrin Okutepa, SAN, argued that over-voting occurred in five local government areas, including Adavi, Okene, and Okehi, and called for a fresh election in these areas.
However, the APC’s legal team, led by Emmanuel Ukala, and INEC’s counsel, Kanu Agabi, SAN, challenged the credibility of the petitioners’ witnesses and evidence. They argued that the witnesses were not the original makers of the electoral documents presented and that the submitted documents were mere photocopies, insufficient to substantiate the claims of forgery and over-voting.
Justice Ado Birnin-Kudu, in his judgment, highlighted that according to Supreme Court decisions on the 2023 presidential and governorship elections, witness statements must be filed alongside the petition, not during the hearing. He noted that the petitioners failed to file their witness statements on oath within the required timeframe, rendering the oral evidence presented as hearsay.
“The petitioners have failed to file their witness statements (PW1) on oath along with the petition, within the given time,” Justice Birnin-Kudu stated, expunging the exhibits tendered by the petitioners. He added, “The piece of oral evidence made by the petitioner’s witnesses are hearsay evidence” as they are not the original makers of the exhibits tendered before the tribunal.
Consequently, the tribunal dismissed the petition and affirmed Ododo’s election. Ododo, who previously served as the Auditor-General for Local Governments in Kogi State, succeeded former Governor Yahaya Bello.
