The Court of Appeal in Abuja has upheld the election of Usman Ododo of the All Progressives Congress (APC) as Governor of Kogi State.
In a judgment yesterday, a panel of the court dismissed the appeal filed by the Social Democratic Party (SDP) and its candidate, Muritala Ajaka, on the grounds that it is unmeritorious.
The Court, which resolved all the four issues, identified for determination, against the appellants, held that the appellant failed to prove allegations of over voting, certificate forgery, among others.
The unanimous judgment delivered by Justice Onyekachi Otisi held that the tribunal, which sat in Abuja, was right to have expunged the evidence of the first witness called by the petitioners (PW1) on the grounds that the evidence was hearsay.
It added that witnesses in election cases, whether subpoenaed or ordinary witnesses, are supposed to front load their witness statement on oath.
“The order of the tribunal expunging the evidence of the PW1 cannot be faulted. The law grants the lower court power to expunge inadmissible evidence brought before it,” the court said.
It also held that the appellants’ claim that the document that Ododo submitted to the Independent National Electoral Commission (INEC) were forged, is a pre-election issue, which is handled by the Federal High Court.
“This appeal failed and is hereby dismissed for lacking in merit. There is no order as to cost, parties are to bear their respective cost,” Justice Onyekachi Otisi held.
The court also dismissed appeals by the Action Alliance (AA) and its governorship candidate, Olayinka Braimoh, and of the Peoples Redemption Party (PRP) and its candidate, Dr. Abdullahi Bayawo, for being without merit.
But Ajaka said he will appeal at the Supreme Court.
According to him, the journey to reclaiming his stolen mandate is not limited to the decision of the appellate Court.
“We must remain relentless in our pursuit of justice. We cannot afford to be deterred by setbacks or disheartened by temporary defeats.
“Our cause is just, and our determination will not waver. We must stand united and continue to support our legal team as they navigate these complex legal waters on our behalf. I assure you, our followers, that victory is within our grasp.
We firmly believe that the truth will prevail, and justice will be served.
“We have full faith in the Nigerian judicial system, and we are confident that the apex court will rectify the injustices that have been inflicted upon us once again,” he said.