Supreme Court Affirms Usman Ododo as Kogi Governor, Dismisses Ajaka’s Appeal on Technical Grounds
Abuja, Nigeria – The Supreme Court on Friday conclusively upheld Usman Ododo of the All Progressives Congress (APC) as the validly elected governor of Kogi State, dismissing the appeal filed by Social Democratic Party (SDP) candidate Muritala Ajaka. The ruling not only affirms Ododo’s victory but also highlights the critical legal technicalities that the court used to dismantle Ajaka’s case.
Ajaka, who contested the results of the November 11, 2023, Kogi State governorship election, had challenged the decisions of the Kogi State Governorship Election Petition Tribunal and the Court of Appeal. Both courts had earlier upheld Ododo’s election as legitimate, leading Ajaka and his party to seek redress at the apex court.
Key Legal Technicalities:
- Substantial Non-Compliance with the Electoral Act:
Ajaka and the SDP argued that the election was marred by substantial non-compliance with the Electoral Act, which they claimed rendered the results invalid. However, the Supreme Court, in a unanimous decision by a five-member panel, held that Ajaka and his party failed to provide sufficient evidence to substantiate these claims. The court emphasized that mere allegations without concrete proof do not meet the legal threshold required to overturn an election result. The panel pointed out that evidence of substantial non-compliance must be compelling and specific enough to show that the alleged irregularities affected the outcome of the election. - Jurisdiction on Pre-Election Matters:
Another critical aspect of Ajaka’s appeal involved allegations of age falsification and certificate forgery against Ododo. The Supreme Court dismissed these claims on technical grounds, clarifying that such allegations are pre-election matters. According to the court, issues relating to a candidate’s eligibility, such as age and certificate authenticity, should be addressed before the election, and the proper forum for such challenges is the Federal High Court. By attempting to bring these matters before the Election Petition Tribunal, Ajaka’s legal team had ventured outside the tribunal’s jurisdiction, leading the Supreme Court to dismiss this part of the appeal outright. - Lack of Merit in the Appeal:
The apex court further ruled that Ajaka’s appeal lacked merit, as it failed to establish that any of the alleged irregularities had a significant impact on the overall election outcome. The court underscored that, in election petitions, the burden of proof rests on the petitioner to demonstrate that the alleged non-compliance was substantial enough to change the election results. Ajaka’s inability to satisfy this burden was a key reason for the dismissal of his appeal.
Final Ruling and Implications:
The Independent National Electoral Commission (INEC) had previously declared Usman Ododo the winner of the Kogi State governorship election, having secured 446,237 votes against Ajaka’s 259,052 votes. With the Supreme Court’s ruling, Ododo’s victory is now final and beyond legal challenge, effectively closing the chapter on the election dispute.
This judgment reinforces the importance of clear and robust evidence in election petitions, as well as the necessity of addressing pre-election issues within the appropriate legal framework. For Ajaka and his supporters, the ruling serves as a reminder of the technical precision required in electoral litigation, particularly when contesting an election at the highest level.
