Kogi Election: Supreme Court Voids Order Against BIVAS Inspection

Supreme Court has nullified a 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 Petitions Tribunal sitting in Abuja.

The tribunal had on November 25, 2023, granted an ex-parte order allowing the SDP and its candidate in the November 11, 2023 governorship election to carry out forensic examination of all the Bimordal Voters Accreditation System (BVAS) used in the poll, 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.

But the Supreme Court, in a judgment delivered by Justice Emmanuel Agim, yesterday, however, allowed the appeal of the appellants, saying that the order of inspection made by the trial tribunal was within its power.

The court also held that the respondents were duly served.