Supreme Court Grants Stay Of Court of Appeal Order In Kogi Governorship Election Petition: Murtala vs. Ododo

The Supreme Court of Nigeria today granted an interim stay of certain orders issued by the Court of Appeal on March 1st in the ongoing election petition case between Yakubu Murtala & Anor. and Ahmed Usman Ododo & Ors.

The decision was made on March 7, 2024, following an ex parte motion filed by the appellant/applicants.

Senior counsel representing the appellant/applicants, J. S. Okutepa, SAN, and his team, informed the court of their urgent request for an interim stay on the Court of Appeal’s judgment. The application was supported by a five-paragraph affidavit, Exhibits A-H, and a written brief. The counsel emphasized the time-sensitive nature of the petition before the tribunal and urged the court to grant the interim order until the motion on notice could be heard.

Upon careful consideration, the Supreme Court acknowledged the urgency of the matter and the potential impact on the ongoing tribunal proceedings. The court noted that if the appellant’s appeal were to fail, there would still be adequate time to expunge the evidence presented before the tribunal. Consequently, the court granted the application in accordance with the prayers stated in the motion.

The Supreme Court’s order effectively stays the Court of Appeal’s judgment from March 1, 2024, particularly the orders pertaining to paragraphs G, K, and N, as well as the order setting aside the inspection. This interim stay will remain in effect until the motion on notice is heard and determined by the Supreme Court.

The motion on notice is scheduled for a hearing on March 11, 2024, where both parties will have the opportunity to present their arguments before the Supreme Court.

The Appeal Court sitting in Abuja had, on Friday, set aside the inspection Order granted to the Candidate of the Social Democratic Party (SDP) by the Governorship election Petition Tribunal sitting in Abuja.

The Governorship election petition Tribunal had, on November 25, 2023, granted an Exparte Order, allowing the Social Democratic Party and its candidate in the 11th November 2023 Governorship election to carry out a forensic examination of all the Bimodal Voters Accreditation system (BVAS) used in the Governorship election, among other sundry reliefs.

In a ruling delivered by a three-man panel of justices of the Court of Appeal, led by Justice J.O.K. Oyewole, with Justices A. I. Banjoko and A.B. Mohammed concurring, the Court of Appeal set aside the inspection order, having gone outside the province of the Electoral Act.

The Court of Appeal ordered that, while inspection is allowed under the Electoral Act, it must be jointly carried out with the respondent and the scope of the inspection should be within the strict limit allowed under the Electoral Act.

Social Democratic Party was represented at the Court of Appeal by Pius Akubo, SAN; the Independent National Electoral Commission (INEC) was represented by Chief Kanu Agabi, SAN; Governor Usman Ahmed Ododo was represented by J.B. Daudu, SAN, while the All Progressives Congress was represented by Abdulwahab Muhammed, SAN.

“The ex parte order made by the Trial Tribunal on the 25th November 2023 at the instance of the 1st and 2nd Respondents are within the jurisdictional competence of the said Tribunal. However, paragraphs ‘g’, ‘k’, and ‘n’ thereof are beyond the scope of Section 146 (1) of the Electoral Act 2022. The said paragraphs ‘g’, ‘k’, and ‘n’ are hereby expunged.

“The inspection purportedly done pursuant to the said Orders of the trial Tribunal without the presence of the Appellant violates paragraph ‘h’ of the said orders and it is hereby set aside,” the Appeal Court held.