Supreme Court dismisses Ajaka’s request on Kogi governorship election dispute

The Supreme Court has declined to consider the application submitted by the candidate of the Social Democratic Party (SDP), Yakubu Muritala Ajaka, in the most recent gubernatorial election in Kogi State.

Ajaka had petitioned the Supreme Court in an appeal marked as SC/CV/654/2024, seeking the court to await the outcome of his request for a full panel to hear an issue raised in his appeal.

The SDP candidate seeks the Supreme Court’s intervention to overturn the concurrent decisions of the Court of Appeal and the Election Tribunal.

The Election Tribunal and the Court of Appeal have both confirmed Ahmed Usman Ododo of the All Progressives Congress (APC) as the victor in the election.

During the presentation of the appeal on Monday, the counsel for Ododo and the SDP, Pius Akubo, mentioned that Ododo had communicated his concerns to the Chief Justice of Nigeria (CJN) regarding the issue.

Akubo stated that the appellants are requesting the court to reconsider its previous decisions in the determination of their appeal, particularly in relation to Paragraphs 4.28 and 4.29, which are discussed on page 16 of the appellant’s brief of argument.

Akubo further argued that the appellants are seeking the court’s intervention to depart from its prior rulings in the resolution of their appeal.

The counsel for the respondents – Kanu Agabi (SAN) on behalf of the Independent National Electoral Commission (INEC), Joseph Daudu (SAN) for Ahmed Usman Ododo, and Emmanuel Ukala (SAN) for the All Progressives Congress (APC) – all characterized the application as superfluous and urged the court, as currently constituted, to proceed with the consideration of the appeal.

In his decision, Justice Mohammed Lawal Garba, who oversaw the five-member panel, acknowledged that the issue concerning which the appellants are seeking a comprehensive panel is merely a subset of the entirety of the appeal.

Justice Garba further observed that the issue in question is among the three issues raised in the appeal.

He concluded that, given the current composition of the court, it is capable of hearing and deciding the appeal.

Justice Garba then directed Pius Akubo to proceed with the hearing of the appeal.

On the other hand, Agabi, Daudu, and Ukala submitted their briefs and requested the court to dismiss the appeal and affirm the judgment of the Court of Appeal.

Justice Garba subsequently adjourned the judgment to a later date to be communicated to the parties involved.