On Thursday, the Supreme Court dismissed the order barring the Social Democratic Party candidate, Murtala Ajaka, from inspecting election materials used in the November 2023 election in Kogi.

In a unanimous decision, the apex court upheld the order of the governorship election petition tribunal, which granted the candidate of the SDP permission to inspect election materials.

Justice Emmanuel Agim, while delivering the judgment, held that the trial court’s order was within the scope of section 146 of the Electoral Act.

The tribunal had in November last year granted an ex parte order, allowing the SDP and its governorship candidate to conduct a forensic examination of all the Bimodal Voters Accreditation system, BVAS, used in the election, among other reliefs.

However, a three-member panel of justices of the Court of Appeal, led by Justice J.O.K. Oyewole, set aside the inspection order in its ruling on March 1, 2024.

The apex court had stayed the execution of the orders of the Abuja Division of the Court of Appeal, setting aside the inspection order.

However, on Thursday, the apex court dismissed the appellate court’s decision and upheld the trial court’s decision.

“We do not agree with the Court of Appeal. The motion was filed out of time. Secondly, the order of the trial court was within the scope of section 146 of the Electoral Act.

“In light of the foregoing, this appeal is allowed, and the cross-appeal dismissed with no costs,” the court held. 

(NAN)