Ahmed Usman Ododo v. Yakubu Murtala & Ors (2024)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JOSEPH OLUBUNMI KAYODE OYEWOLE, JCA (Delivering the leading judgment)

This is an appeal against the decision of the Governorship Election Petitions Tribunal of Kogi State, sitting at Lokoja, Kogi State Coram; Hon. Justice Ado Yusuf Birnin-Kudu, J. (Chairman), Hon. Justice S.S. Ogunsanya, J. (Member 1) and HON. JUSTICE MUSA USMAN, J. (Member 2) delivered on the 17th January, 2024.

By an ex parte application, the 1st and 2nd respondents on the 25th November, 2023 obtained various orders from the trial tribunal in respect to the inspection of the electoral materials used by the 3rd respondent for the conduct of the Governorship election held on the 11th November, 2023 into the office of Governor of Kogi State.

Unhappy at this development, the appellant approached the trial tribunal via a motion on notice filed on the 9th January, 2024 wherein he sought the following reliefs:

1. An order of this honorable court granting the 2nd respondent/applicant leave to bring, file and argue this application outside the prehearing session of this honourable tribunal.
2. An order of this honourable court setting aside/discharging the order of this honourable tribunal made on the 25th of November, 2023 in motion No: EPT/KG/GOV/M3/2023.
3. An order of this honourable court setting aside all steps purportedly taken in compliance with the order of this honorable tribunal made on the 25th of November, 2023 in motion No: EPT/KG/GOV/M3/2023 being null, void, and of no effect.

Alternatively:

4. An order of the honourable court granting the 2nd respondent/applicant leave to bring, file and argue this application outside the prehearing session of this honourable tribunal.
5. An order of this honourable court varying the order of this honourable court made on the 25th of November, 2023 in motion Nos: EPT/KG/GOV/M3/2023 and EPT/KG/GOV/ M7/2023 by discharging reliefs b, d, e, f, g, l, j, k, m, n, o, p, and q contained in the aforesaid order.
6. And for such further or other orders as this honourable court may deem fit to make in the circumstances of this case.

The grounds supporting the said application were stated thus:

a. The applicant filed an application ex-parte inter alia to bring the application before the pre-hearing session of the tribunal.

b. This honourable court amongst the 17 reliefs granted by this honourable court made orders directing the respondents including the 2nd respondent to be present with the applicants during the examination, scanning and photocopying of the certified true copies of all documents/elections materials, which were used by the 1st respondent for the conduct of the election into the office of Governor of Kogi State on the 11th day of November, 2023, particularly, in each of the Polling Units in Adavi, Ajaokuta, Okene, Okehi, Ogori/Mangogo, Kogi, Bassa Local Government Areas of Kogi State.

c. The local governments mentioned above are the local governments won by the 2nd respondent in the election in contention.

d. The Local Governments in Kogi East Senatorial District won by the petitioners/applicants i.e. Ankpa, Ibaji, Olamaboro, Idah, Dekina and Igalamela/Odolu were not captured in the order of this honourable court to enable the 2nd respondent fairly participate in the inspection of electoral materials.

e. The above orders granted by this honourable tribunal went outside the statutory limits of section 146 of the Electoral Act, 2022 which merely stipulates that this honourable tribunal can only order of inspection and not scanning, photocopying, extraction of photographic images, deep forensic report, moving and removing of electoral documents/materials from one location to another.

f. The order of this honourable tribunal made on the 25th of November, 2023 in motion No: EPT/KG/GOV//M3/2023 is therefore liable to be set aside having been made without jurisdiction.

The said motion was vigorously contested by the 1st and 2nd respondents and after considering the contentions of the various parties the trial tribunal in a considered ruling found no merit in the application and dismissed it accordingly.

Dissatisfied, the appellant invoked the appellate jurisdiction of this court via a notice of appeal filed on the 25th January, 2024 containing six grounds. At the hearing of the appeal, Mr. Akubo, SAN drew attention to the preliminary objection of the 1st and 2nd respondents to the competence of the appeal filed on the 9th February, 2024. The grounds of the said objection are as follows: