Muri/Ododo: The Battle for Kogi’s Throne Hits a Legal Quagmire

by Ohepo Ohepo

The Kogi State Governorship Election Petition Tribunal, located in Abuja, has postponed its proceedings until the forthcoming Monday, March 14, 2024. This decision arose during a session where legal representations were made concerning the ongoing review of materials from the 2023 Kogi state Governorship Election.

At the commencement of the session, the petitioner’s legal counsel, Okutepa SAN, initiated the day’s agenda. However, the discussion took a significant turn when Kanu Agabi SAN, representing the first respondent, brought to the tribunal’s attention a recent judgment by the Court of Appeal dated March 1, 2024. Agabi urged the tribunal to consider the implications of the appellate court’s decision, particularly regarding the admissibility of Bimodal Voter Accreditation System (BVAS) reports and other electoral materials in the tribunal’s deliberations.

The second and third respondents supported the first respondent’s stance, prompting a thorough debate on the tribunal’s next steps in light of the Court of Appeal’s judgment. This debate centered on whether the tribunal should proceed with examining the electoral materials as planned or adjust its course based on the appellate court’s directives.

After considering the arguments from both sides, the tribunal’s chairman decided that a more in-depth review of the legal positions related to the Court of Appeal’s orders was necessary. To this end, he instructed all parties involved to present their legal arguments, either in support of or against the appeal court’s decision, to help guide the tribunal’s subsequent actions.

In light of these developments and the need for careful legal scrutiny, the tribunal chairman announced the adjournment of the case to Monday, March 14, 2024. This delay is intended to give all parties adequate time to prepare their submissions and for the tribunal to make a well-informed decision regarding the continuation of the hearing, especially in relation to the examination of the disputed electoral materials. The tribunal’s approach underscores its commitment to ensuring that its proceedings are conducted in strict adherence to the law, taking into account recent judicial pronouncements that may impact the case.

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