The Supreme Court has set aside an earlier ruling of the Court of Appeal, which set aside the inspection Order granted 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 forensic examination of all the Bimordal Voters Accreditation system (BVAS) used in the Governorship election, among other sundry reliefs.
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.
The Supreme Court, in a judgment delivered by Justice Emmanuel Agim, on Thursday, 14 March, 2024, however, allowed the appeal of the Appellants, saying that the order of inspection made by the trial tribunal were within its power.
The Court also held that the Respondents were duly served.
P. A. Akubo, Chief J.S. Okutepa SAN and Chief A A Malik SAN led other counsels for the Appellants.
