The Kogi Electoral Tribunal in Abuja delivered a decisive verdict on May 27, 2024, upholding the election of Alhaji Usman Ododo as the winner of the November 11, 2023 Kogi gubernatorial election. The tribunal dismissed the petition filed by Alhaji Muritala Ajaka of the Social Democratic Party (SDP), who alleged widespread electoral malpractice and non-compliance with the 2022 Electoral Act.
The tribunal, in a detailed judgment, highlighted several critical shortcomings in Ajaka’s case. Central to the petitioner’s argument were accusations of over-voting and certificate forgery, for which he sought to have the election results overturned. However, the tribunal found these claims to be unsubstantiated and marred by inconsistencies.
One of the primary reasons for the dismissal was the failure of Ajaka to provide compelling evidence to support his over-voting claims. The tribunal noted that the petitioners initially promised to present 606 witnesses but only brought forth 25. The testimonies of these witnesses often contradicted their written statements, further weakening the case. The judge pointed out that many of the witnesses appeared to be procured and that the absence of witnesses from all polling units undermined the credibility of the over-voting allegations.
Moreover, the tribunal emphasized that Section 137 of the Electoral Act, which the petitioners relied on, was not a "magic wand" that could be invoked without substantial evidence. The lack of material witnesses and video evidence to corroborate the petitioners' documents severely hemorrhaged their case.
Another critical blow to Ajaka’s petition was the status of the SDP’s star witness, who was purportedly a staff member of the Independent National Electoral Commission (INEC). During cross-examination, it was revealed that this witness was not a verified INEC staff member and was, in fact, in Imo State on the day of the Kogi election. This revelation cast significant doubt on the reliability and relevance of his testimony.
The tribunal also scrutinized the forensic expert presented by the petitioners, who was intended to validate the claims of over-voting. However, the expert failed to meet the required standards, providing only photocopies of his credentials. The tribunal deemed these documents insufficient to establish his qualifications, thus discrediting his findings.
Regarding the claims of certificate forgery, the tribunal ruled that these allegations were pre-election matters, which are statutorily barred from being addressed in a post-election tribunal. The judges stated that these issues should have been raised and resolved before the election took place.
In conclusion, the tribunal found that Ajaka’s petition lacked merit and failed to prove beyond reasonable doubt that he won the election. Consequently, the tribunal affirmed Alhaji Usman Ododo as the duly elected winner of the November 11, 2023, Kogi gubernatorial election. This verdict underscores the necessity of presenting a robust and thoroughly substantiated case when challenging election results in court.
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