The Kogi Governorship Election Petition Tribunal instructs INEC to provide certified copies of electoral materials for the November 11 off-cycle election in the state to the Social Democratic Party (SDP) within 48 hours.
It has also mandated INEC to permit the forensic experts of the SDP to scrutinize specific electoral materials.
These materials encompass the Bimodal Voter Accreditation System and result sheets for Adavi, Okene, Okehi, Ogori-Magongo, Ajaokuta, Lokoja, Kogi, and Bassa Local Government Areas.
The tribunal, which delivered its ruling last Saturday in Lokoja, emphasized that the SDP had requested these materials to substantiate its case in the petition filed against the victory of the All Progressives Congress (APC) in the election.
Chairman of the tribunal, Justice Ado Birnin-Kudu, issued the order after considering two ex-parte motions filed on November 19 by the SDP and its governorship candidate, Muritala Yakubu-Ajaka.
Justice Birnin-Kudu stated that the orders were essential due to the time constraints faced by the tribunal in fulfilling its mandate.
“The order is in compliance with Nigeria’s 1999 Constitution (as amended) and with the Electoral Act (2022).
“INEC is hereby ordered to produce all the documents being sought by the plaintiffs within 48 hours to enable proceedings to go smoothly and without hitches,’’ he declared.
SDP and Yakubu-Ajaka initially submitted seven ex-parte motions to reinforce their request but later withdrew five, opting to pursue two.
The principal attorney representing the petitioners, Mr. John Adele (SAN), informed the court earlier that their attempts to acquire certified copies of materials utilized in the six local government areas from INEC had proven unsuccessful.
“Time is of the essence in this matter, and that is why we filed the motions to your lordship to help to salvage the situation.
“Each time we approached INEC since Nov. 13, its officials failed to avail us with even one of the electoral materials for which we requested.
“We believe that if your lordship grants our application, INEC will do the needful to enable us to prosecute this case within the time limit,” he prayed the tribunal.
Justice Birnin-Kudu postponed the proceedings to Wednesday, November 29, for the submission of INEC’s compliance report and the continuation of the hearing.
The SDP and Yakubu-Ajaka are contesting the success of the APC and its candidate, Alhaji Usman Ododo, at the election petition tribunal.
Ododo was declared the winner by INEC with 446,237 votes, while his nearest competitor, Yakubu-Ajaka, secured 259,052 votes.