The Supreme Court has overturned a previous ruling by the Court of Appeal, which had invalidated an inspection order granted to the Social Democratic Party (SDP) candidate by the Governorship Election Petition Tribunal in Abuja.
In a decision dated November 25, 2023, the Governorship Election Petition Tribunal had granted an Exparte Order, allowing the SDP and its candidate to conduct a comprehensive forensic examination of all the Bimodal Voters Accreditation System (BVAS) units utilized in the November 11, 2023 Governorship election, in addition to other miscellaneous reliefs sought.
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, 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.
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