Tag: Ajaka

The Court of Appeal in Abuja has reserved judgment in the appeal by candidate of the Social Democratic Party (SDP) in the November 11, 2023 Kogi governorship election, Muritala Ajaka, and his party, against the decision of the state election petition tribunal.

In its May 27 judgment, the tribunal upheld the victory of Usman Ododo of All Progressives Congress (APC) and dismissed Ajaka’s petition.

A three-member panel of the Court of Appeal yesterday took final submissions from lawyers to parties in the case, and announced that judgment is reserved, to be delivered on a date to be communicated to them (the parties).

Kanu Agabi (SAN), while adopting the briefs filed on behalf of the Independent National Electoral Commission (INEC), prayed the court to dismiss Ajaka’s appeal for lacking in merit. He said there were inconsistencies in the appellant’s case.

Agabi argued that the Appeal Court had decided that if the grounds of a petition were inconsistent with one another, and were not consistent with the reliefs, it should be struck out. He also argued that the evidence of the petitioners were grossly insufficient, citing a Supreme Court decision.

The former Attorney-General of the Federation (AGF) argued that once the evidence called is grossly insufficient, there is no evidence. He said the petitioners only called 25 witnesses out of the scores listed.

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According to him, of the 25 witnesses called by the petitioners, there was no single polling unit agent among them. He also argued that the first petitioners’ witness (PW1) did not file any witness deposition beforehand as required by law and, as such, cannot give evidence in an election petition.

Ododo’s lawyer, Joseph Daudu (SAN), noted that no single evidence of the PW1 was admitted as evidence by the court on the ground that he failed to front load his witness statement beforehand.

He said the tribunal was right to have expunged the evidence of PW1, having declared it inadmissible, and added that the appellants failed to prove the allegation of over voting in their petition.

The candidate of the Social Democratic Party (SDP) in the last governorship election in Kogi state, Muritala Ajaka, has said he is committed to retrieving the mandate given to him by the state’s electorate.

Ajaka faulted the claim that he has agreed to give up pursuing the case which is currently at the Court of Appeal.

Ajaka said: “I want to address the false information being circulated by the illegitimate government of Usman Ododo in Kogi and its controller, Yahaya Bello, claiming that I have agreed to give up the legal battle to reclaim our stolen mandate.”

Ajaka denied ever having any discussions, either personally or through a representative, with the incumbent governor and his predecessor on the issue.

He added: “I am fully committed to pursuing the legal battle to regain the mandate that was freely given to us by the people of Kogi state.

Read Also: Kogi guber dispute: SDP, Ajaka ask Appeal Court to sack Ododo

“It would be a massive betrayal of our shared struggle, the impoverished workers, retirees, and the people of Kogi State, as well as the memory of our comrades, who were unlawfully killed by these same individuals, for me to even consider having any discussions with them to compromise this historic struggle.”

Ajaka said the fight is not just for him, but for the impoverished, terrorized, and dehumanized people of Kogi State and for the families of those who were killed, injured, and forcibly disappeared by Yahaya Bello and his group.

He disclosed that his legal team has filed “thirty-two strong, compelling and arguable grounds of appeal at the Court of Appeal in Abuja, within the stipulated time.”

Ajaka said all the necessary legal procedures were followed to ensure that the appeal is heard and determined within the given timeframe, and that, he is confident that he will be successful.

He hailed his supporters and partners for their continued support, commitment, and patience in the ongoing effort to rescue Kogi State from those who have continued to hamper its progress.

The Social Democratic Party (SDP) and its candidate in the last governorship election in Kogi State, Murtala Ajaka have urged the Court of Appeal to set aside the decision of the tribunal affirming the victory Usman Ododo of All Progressives Congress (APC).

The SDP and Ajaka want the court to void Ododo’s victory and declare them the winner of the election held on November 11 last year.

Their requests are contained in a notice of appeal they filed against the May 27 judgment of Justice Ado Yusuf Birnin Kudu-led Kogi State Governorship Election Petition Tribunal, which sat in Abuja.

In the appeal filed by their lawyer, Pius Akubo (SAN), the appellants are contending among others, that the tribunal’s judgement was a serious miscarriage of justice.

In a 31-ground notice of appeal, Ajaka and his party insist that they won the November 11, 2023 governorship election and should be declared the rightful winners.

They want the appellate court to issue an order restoring the testimony of their first witness (PW1) as well as all the documents they tendered, but which the tribunal expunged from its records.

The appellants also want the Appeal Court to hold that Ododo was not even qualified to have contested the election into the office of Governor of Kogi State and that all votes ascribed and or allocated to him and the APC are wasted votes.

They are equally praying for an order granting the reliefs sought by the appellants in the petition and thereupon declaring the first appellant (Ajaka) as the duly elected Governor of Kogi State

In faulting the tribunal’s judgment, the appellants noted that although the tribunal agreed that their petiton was filled within time and that there was over voting, the tribunal proceeded to uphold the election.

Read Also: SDP’s Ajaka drums support for Tinubu

They added: “In their confusion they (members of the tribunal’s three-member panel) ruled that PW1 who displayed the documents with which they agreed there was over voting is not clear to them. They claimed they did not know if he was  INEC staff or not.

“It was the tribunal that ordered INEC to provide the BVAS and someone who will power and display the BVAS in court and that  PW1 came to the court with a certified letter from INEC stating that he was indeed the representative of INEC.

” PW1 was in the court with his identity card and other supporting documents to show he is INEC staff.

“Recall further that when the PW1 absented from the court, the tribunal ordered INEC to produce him or produce another person and they did comply to produce him yet, the tribunal members said they do not know him. What a contradictive judgement.”

The appellant argued that  “the election of November 11, 2023 in Kogi State was not conducted in substantial compliance with the Electoral Act. 2022 as well as manual and guidelines involving the conduct of elections having regards to the numerous instances of over voting.”

The appellants claimed to have demonstrated in a graphic and tabular form, before the tribunal, that they scored the majority of lawful votes in the election and not the second and third respondents (Ododo and the APC). 

The appellants also claimed to have led evidence to the effects that, if the votes affected by over-voting are deducted from the overall votes, the appellants and not the second and third respondents will have majority of lawful votes. 

The SDP and Ajaka added that clearly and unambiguously, they tendered all the necessary election forms and documents which completely demonstrated that the second respondents did not score the majority of  lawful votes cast as held by the tribunal.

The candidate of the Social Democratic Party (SDP) in the last Governorship Election in Kogi state, Murtala Ajaka, has appealed to Nigerians to support President Bola Ahmed Tinubu administration to advance economic resuscitation, development and peace in the country.

In a congratulatory message to mark President Tinubu’s first year anniversary, Ajaka asked Nigerians to exercise patience with the All Progressives Congress (APC) led government.

According to him: “There is no doubting the fact that Mr. President loves this country dearly and is working assiduously to reverse the economic downturn without repeating the errors of previous leaderships in bygone years who risked the future of the nation into the pouches of imperialist shylock lenders that are holding us to ransom almost forever. 

“Mr. President believes that with the right priorities in place and arduously pursued, spartan discipline, the national will, hard work and deployment of cutting edge technology in our productive endeavours, Nigeria can be great again.

“Therefore, it would be wise and apposite for Nigerians of all faiths, works of life, tribes, nationalities, political inclinations and parochial interests to close ranks no matter how disparate, and join hands with Mr. President, the federal government and other subnational authorities and institutions in the supreme effort of national redemption and economic resuscitation in the collective interest, peace and prosperity of all of us. 

“On this auspicious day, I warmly congratulate Nigerians on the first anniversary of the government of Asiwaju Ahmed Bola Tinubu, GCFR and his team. This event comes naturally with mixed concerns amongst our dear countrymen and women. 

“Necessarily, I join those who commend the herculean strides of Mr. President in the improved management of the security situation in the country; the spirited development cum revamping of critical public infrastructure; student loans as education stimulus.

“The efforts in improving the value of the Naira in relation to the United States Dollar (USD) and other major currencies of the world; strategic intervention in the aviation sector, especially in leveraging mutually beneficial international air fare modulation between Nigerian airlines and those of other global destinations as well as the establishment of a national Air carrier for Nigeria. 

Read Also: SDP candidate Ajaka rejects Kogi Gov tribunal ruling

“Settlement of our international financial obligations; the aggressive and productive war against corruption especially in our apex financial institutions; encouragement and attraction of improved foreign direct investments in the major sectors of Nigeria’s economy just to mention a few.

“However, most Nigerians are struggling with survival as a result of the undeniably harsh and untoward economic realities that have besieged our nation at this time, in the varied forms of hyper inflation and exorbitant cost of living”. 

“Unfortunately, the source factors are essentially global and beyond the direct control of individual nations of which Nigeria is not exempt. 

“It is my fervent appeal that Nigerians should remain patient and resilient in the face of these daunting  challenges.”

The Independent National Electoral Commission (INEC), on Monday, tendered electoral documents against the petition by the Social Democratic Party (SDP) and its candidate, Murtala Ajaka, challenging the election victory of Gov. Usman Ododo.

INEC’s counsel, Uchenna Njoku, who held the brief of Chief Kanu Agabi, SAN, tendered the documents before the Kogi State Election Petition Tribunal sitting in Abuja.

It would be recalled that INEC conducted the Kogi governorship election on Nov. 11, 2023.

However, the SDP and its governorship candidate in the poll are challenging the declaration of Ododo of the All Progressives Congress (APC) as the winner of the poll.

In the petition, INEC, Ododo and APC are listed as 1st to 3rd respondents respectively.

Some of the documents tendered on Monday by the commission’s lawyer before the three-member panel of justices, led by Justice Ado Birnin-Kudu, include INEC Regulations and Guidelines for the Conduct of the Election; INEC Manuals for Electoral Officers and INEC Form EC8C.

Others include INEC Form EC8B; INEC Form EC8E; List of Accredited Agents for SDP; List of Accredited Ward Agents; Receipts of Payment for Forms, among others.

After the documents were tendered, Justice Birnin-Kudu admitted them in evidence and marked them as exhibits.

Njoku then applied for an adjournment to enable the electoral umpire present its witnesses on the next adjourned date.

The judge adjourned the matter until April 16 for continuation of hearing.

Earlier, Justice Birnin-Kudu, who observed that the SDP’s petition would elapse on May 29, said there was the need to amend the number of days earlier given for the 2nd and 3rd respondents to present their case and for the filing of the final written addresses of the parties.

He, therefore, reduced the number of days to five instead of the earlier 10 days given for the respondents’ lawyers to present their case.

Read Also: Kogi 2023: Murtala Ajaka and paradigm shift

He assured that where five days would not be enough, the panel would not hesitate to give additional more days.

He solicited for the cooperation of the parties in this regard.

But APC’s counsel, Emmanuel Ukala, SAN, pleaded with the tribunal not to reduce the earlier days given to prepare their defence.

Ukala, who pledged the cooperation of the respondents in ensuring timely completion of their case, pleaded that the order on the schedule for hearing should not be amended.

The panel, however, clarified that the amendment to the order was done off record.

While Joseph Daudu, SAN, led Gov. Ododo’s team of lawyers, Jibrin Okutepa, SAN, led Ajaka’s team.

It could be recalled that SDP and Ajaka had, on April 5, closed their case after calling 25 witnesses.

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Kogi governorship candidate of the Social Democratic Party (SDP) Yakubu Murtala Ajaka has appealed to Organised Labour to shelve its proposed nationwide protest billed for Tuesday and Wednesday in the interest of the country.

Ajaka warned Organised Labour that the attendant consequences of embarking on an industrial action at this period may be a recipe for the breakdown of civil order.

The SDP 2023 Kogi state flag bearer, who was reacting to threats by Organised Labour to protest against hardship in the country in a statement in Abuja on Sunday, advised their leaders to jettison the scheduled protest and give President Bola Ahmed Tinubu some time to find a lasting solution to done of the challenges being faced now.

Ajaka said the decision to go on strike if not revisited, could trigger precipitous consequences in the forms of exacerbation of the current quagmire and an escalation of criminality and attendant insecurity which are predictable recipes for the breakdown of civil order.

He admitted that there is no denying the fact of invasive poverty owing basically to the speedy escalation of prices of essential commodities like foodstuffs and necessaries as well as the cost of services may be responsible for their agitation.

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The statement reads: “I dutifully join other patriots in identifying with the concerns of fellow Nigerians over the prevailing economic hardship in our dear country; and also to offer counsel to the Organised Labour Movement led by the Nigeria Labour Congress (NLC) and the Trade Union Congress (TUC) against embarking on their proposed national strike.

“The decision to go on strike if not revisited could trigger precipitous consequences in the forms of exacerbation of the current quagmire and an escalation of criminality and attendant insecurity which are predictable recipes for the breakdown of civil order.

“This is due to systemic institutional adjustments by the government that are geared towards revamping our abyss-bound economy. It is a global experience that the pain we confront now is the immediate shock that logically attends to such redemptive economic policies.

“Truly, all Nigerians including my humble self are groaning under the excruciating torment of this harsh existential reality but on the flip side, it is a call to patriotic understanding so that our reactions do not undermine the unity and security of the country.

“I therefore plead with Organised Labour to exercise exemplary patience, demobilise their members from the imminent industrial action and grant the government the benefit of trust at least till the 29th of May, 2024 when this administration would be one calendar year post-inauguration. This I seek in the national interest.”