The Kogi State Governorship Election Petition Tribunal sitting in Abuja has adjourned its hearing to Monday, 14th March, 2024.
This followed the Court of Appeal Judgement that set aside its inspection order and expunged paragraphs ‘g’, ‘k’ and ‘n’ of the earlier ruling.
Counsel to the petitioner, Okutepa SAN, moved for the business of the day, but the counsel to the first respondent, Kanu Agabi, SAN, drew the attention of the Tribunal to the Court of Appeal judgement and an affidavit to that effect.
This necessitated the adjournment for the court to take the application.
Meanwhile, the issue of tendering INEC devices and others slated for today (Monday) did not proceed in view of the aforesaid.
The Appeal Court sitting in Abuja had, on Friday, set aside the inspection Order granted the Candidate of the Social Democratic Party (SDP) by the Governorship election Petition Tribunal sitting in Abuja.
The Governorship election petition Tribunal had, on November 25, 2023, granted an Exparte Order, allowing the Social Democratic Party and its candidate in the 11th November, 2023 Governorship election to carry out forensic examination of all the Bimordal Voters Accreditation system (BVAS) used in the Governorship election, among other sundry reliefs.
In a ruling delivered by a three-man panel of justices of the Court of Appeal, led by Justice J.O.K. Oyewole, with Justices A. I. Banjoko and A.B. Mohammed concurring, the Court of Appeal set aside the inspection order, having gone outside the province of the Electoral Act.
The Court of Appeal ordered that, while inspection is allowed under the Electoral Act, it must be jointly carried out with the respondent and the scope of the inspection should be within the strict limit allowed under the Electoral Act.