The Supreme Court has affirmed the election of Usman Ododo of the All Progressives Congress (APC) as Kogi State Governor in the November 11, 2023, governorship election. The court’s decision on Friday also mandated the opponents to pay Ododo ₦10 million in costs.
In a unanimous judgment delivered by Justice Sadiq Umar, the Supreme Court dismissed the appeals by the Social Democratic Party (SDP) and its candidate, Muritala Ajaka, as well as the Action Alliance (AA) and its candidate, Olayinka Braimoh. Justice Umar ruled that the appeals were without merit and upheld the previous decisions of the lower courts.
The Supreme Court found that the evidence presented by the appellants was incompetent and inconsistent. Specifically, the appeals were deemed to lack substantive proof, with the SDP and Ajaka’s appeal being dismissed for failure to meet legal requirements. The AA and Braimoh’s appeal was rejected on procedural grounds, as their notice of appeal was filed beyond the 14-day deadline allowed by law.
Justice Umar noted that the preliminary objection to the AA’s appeal was valid, rendering further consideration of the case unnecessary. The panel awarded ₦5 million in costs against the appellants, adding to the financial penalty for their unsuccessful challenge.
Previously, the Court of Appeal had also supported the Imo State Governorship Election Petition Tribunal’s decision to uphold Ododo’s victory. The tribunal and appellate court had both rejected claims of over-voting, non-compliance with the Electoral Act, and alleged forgery of documents submitted by Ododo to the Independent National Electoral Commission (INEC).
The tribunal, led by Justice Ado Birnin-Kudu, had dismissed the petition from the SDP and Ajaka on May 27, 2024, concluding that the evidence presented was insufficient and flawed. It also deemed the forgery allegations as pre-election matters, which should have been raised within 14 days after the documents’ submission to INEC.
Kogi State’s governorship election on November 11, 2023, resulted in Ododo’s victory over Ajaka by a significant margin. Despite dissatisfaction with INEC’s declaration, Ajaka and his party’s legal challenges have now been conclusively rejected by the highest court.
