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Kogi Tribunal: Ododo, APC to open defence April 15 as SDP closes case with 25 witnesses
Governor Usman Ododo of Kogi State and his party, the All Progressives Congress (APC) will, on April 15, open their defence at the state’s governorship election tribunal sitting in Abuja against the petition filed by the Social Democratic Party (SDP) and its candidate, Murtala Yakubu Ajaka.
The three-member tribunal, chaired by Justice Ado Birnin-Kudu, fixed the date on Friday after SDP and Yakubu, the petitioners closed their case after calling 25 witnesses.
The SDP and its governorship candidate in the Nov. 11, 2023 poll, are challenging Gov. Ododo’s victory in the election.
In the petition, the Independent National Electoral Commission (INEC), Ododo and APC are listed as 1st to 3rd respondents respectively.
When the case was called on Friday, INEC, Ododo and APC lawyers opposed the move by Jibrin Okutepa, SAN, to lead the witness, Edidiong Udoh, a Digital Forensic Expert, in evidence.
Chief Kanu Agabi, SAN; Alex Iziyon, SAN and Emmanuel Ukala, SAN, who appeared for INEC, governor and APC, respectively, argued that the petitioners did not list the name of the witness in their proof of evidence and that the witness statement on oath was not front-loaded alongside the petition.
They also contended that the petitioners served the reports of the witness’ analysis on them 20 minutes before the commencement of the proceedings.
But Okutepa insisted that the forensic expert was listed on Page 56 of the petition as item 10, adding that his statement was also front-loaded.
He, however, admitted that the report was served on the respondents a few minutes to the proceedings.
The lawyer, therefore, prayed the tribunal to allow him lead Udoh in evidence and stand down the matter for 30 minutes for the respondents to study the report.
Udoh, who described himself as a digital forensic expert living in Port Harcourt, Rivers State, begged the tribunal to allow him amend Paragraph 7, Line 3 of his statement on oath, which he submitted on January 12 2024, before adopting it.
“The particular words that I used were not proper. I said, ‘There was some very suspicious software.’ I apply to change it to ‘there was no suspicious software used,’” he prayed.
But Agabi, Iziyon and Ukala disagreed with Udoh’s oral application.
“If this kind of amendment is permissible, then there is no kind of amendment that cannot be permissible,” Agabi said.
The judge asked them to reserve their objections for their final written addresses.
Iziyon and Ukala, who backed Agabi’s submission, agreed to raise the objection at the appropriate time.
While giving evidence, Udoh said he had 12 certificates in support of his qualifications.
And when Okutepa sought to tender the certificates of the witness as exhibits, the respondents’ lawyers objected.
They queried why the counsel only sought to tender photocopies of the certificates without supporting the documents with the originals.
The witness responded that he forgot to come with the original certificates.
“The originals were mistakenly left in my office in Port Harcourt but I have them,” Udoh said.
Although the tribunal refused to admit the photocopies, the petitioners’ lawyer pleaded, insisting that the certificates were personal documents and that they could be admitted.
Justice Birnin-Kudu admitted the documents and urged the counsel for the respondents to reserve their objections till the final address.
While being cross-examined, the witness was asked if he was the only one that worked on the report, and he said eight other experts worked on it with him.
His attention was drawn to the fact that he did not signify the names of these experts in the report and that their signatures were not also included.
Udoh responded that his name and signature were on the report because he was the team leader.
“Eight of us conducted the analysis. As digital forensic experts, our qualifications are identical.
“I signed the report as the team lead. The reason I did not include their name is because I was the team lead,” he said.
The witness was also asked if he knew the meaning of BVAS Machine and what it contained. He said they were supposed to contain information on accredited voters and registered voters and any other information.
The Respondents’ counsel asked if such information included Form EC8A and he said yes, it might include it.
The respondents’ lawyer then asked if all the snap shots of BVAS Machine that were included in his report contained Form EC8A.
Udoh said the snap shots were only for accredited voters and registered voters.
The INEC guideline provides what BVAS should contain and Form EC8A is one of it.
When asked if he examined the ballot papers and if his findings on the ballot papers were contained in his report, he said no.
He, however, confirmed that INEC gave him the voters register but that he could not remember the number given to him.
A discrepancy observed during the hearing was that figures reflected in the witness’ report which were said to be in conflict with the figures contained in SDP’s petition.
But he said he did not depend on the petition to write his report.
The witness, who was said to have used a word, dactylography, in his report was asked if he knew the meaning, he said yes, that he was an expert in finger print.
His attention was then brought to his CV, as tendered, which did not mention that.
When asked if he knew that there was a certificate for experts in dactylography, he said he didn’t know.
Gunmen have killed the All Progressives Congress (APC) Chairman in Dekina Local Government Area of Kogi State, Hon. Ishaq Yunusa, and abducted another occupant of his vehicle.
The incident occurred on Thursday along the Itobe-Ochadamu Expressway, around Ojuwo Olijo in Ofu Local Government Area of the state.
The Kogi State Police Public Relations Officer, ASP Afusat Saliu, confirmed the incident in a statement made available to journalists in Lokoja on Friday.
Saliu said the attack occurred at about 5pm when armed assailants emerged from the surrounding bush and opened fire on motorists.
She said a blue Toyota Corolla, with registration number GWA 636 CH, was subsequently found abandoned along the highway.
“The driver, identified as Hon. Ishaq Yunusa, was found dead in the vehicle, while another occupant was taken into the bush by the assailants,” the statement said.
The police spokesperson said the command, in collaboration with other security agencies, had intensified operations in the area, with personnel combing the surrounding forest to locate and rescue the abducted victim and apprehend the assailants.
She said the deceased had been evacuated to Grimard Hospital, Anyigba, for autopsy, while the command was pursuing all available leads in connection with the incident.
The Commissioner of Police, Kogi State Command, CP Naziru Bello Kankarofi, directed sustained security operations along the affected corridor and ordered efforts to bring the perpetrators to justice.
The command urged motorists and residents along the route to remain vigilant and promptly report suspicious movements to the police or other security agencies.
• Victims were returning to Abuja after orientation in Bayelsa Camp
Fifteen National Youth Service Corps (NYSC) members have been abducted by Armed Bandits in Kogi State while returning from their orientation camp in Bayelsa State.
The corps members were said to have been travelling from the NYSC Permanent Orientation Camp in Kolokuma/Opokuma Local Government Area of Bayelsa State towards Abuja when they were intercepted along the Ofu/Itobe–Onicha-Igo axis in Ofu Local Government Area of Kogi State on Wednesday August 26, 2026.
A relative of one of the victims, who spoke on the incident on Thursday, confirmed that the corps members were taken while on their journey to the Federal Capital Territory.
The victims were said to be traveling in some vehicles including a Peace Mass Transit bus and a yellow Toyota bus marked 564.
A police officer from the Kogi State Police Command who obtained next-of-kin contacts from the passengers’ manifest contacted the victims’ families.
As of the time of reporting, details regarding the identities of the victims, possible ransom demands and ongoing rescue efforts remain unclear.
The reported incident has, however, renewed concerns over the safety of NYSC members traveling across different states of the country, particularly young Nigerians returning to their states after completing orientation camp activities.
NYSC’s Director of Information and Public Relations, Caroline Embu, was contacted but couldn’t confirm the incident, while attempts to reach the Bayelsa coordinator were also unsuccessful.
Also, the Kogi state police command has yet to speak on the development though The Advocate learnt that it has launched an operation in conjunction with vigilante groups in the area to rescue the victims.
News
Benin–Asaba Road: Umahi unhappy with concession deal, says ‘We played into Concessionaire’s hands’
The Minister of Works, David Umahi, has asked the concessionaire handling the Benin-Asaba road to immediately write to the Federal Government through the Ministry of Works to enable it to terminate their contract on account of what he observed as poor handling of the road.
The minister also ordered the concessionaire to urgently remove all the blockages on the Benin-Asaba road to allow free flow of traffic.
Umahi made the appeal and issued the directive on Wednesday in Benin at a stakeholders’ engagement in Government House, Benin.
He said, “We are therefore pleading with you to give us written approval to proceed in this manner, we believe this is the way forward.
“Therefore, our directive going forward is that you should be removed from the site of this project, within the limits of our rights. You have added no value to the project,” he said.
He stressed that the Federal Ministry of Works should write to the independent engineer to request measurements of all the works that have been carried out, excluding what we describe as negative work.
“When you remove asphalt contrary to the contract and contrary to the specifications, that is negative work.
“It will not be recognised as part of the value of work done. In fact, the cost of rectifying the damage must also be established.
“Now, we want to plead with you, as the clients acting in the interest of the public, we do not believe that you currently have the capacity to reinstate the road.
“We have not stopped you from working, but if you continue doing what you are currently doing, we are not convinced that you will be able to avert the potential for public disorder in that area,” he added.
The minister, while suggesting ways to remedy the current hardship caused by the concessionaire, directed that the affected sections should then be reconstructed under the supervision of the independent engineer.
He also directed that the concessionaire to provide a technical design for proper stormwater canalisation, adding that this is very important.
He further warned that it should restore all the asphalt, redirect any water that has been channelled onto the carriageway, and restore free flow of traffic along the carriageway.
The minister said BAECC lacked the technical capacity and competent manpower required to execute and complete the project within the stipulated timeframe and contractual specifications.
“I want the public to know that by the concession agreement, we played into the hands of the concessionaire,” Umahi said.
The minister directed that the concessionaire be removed from the project site within the limits of the government’s rights under the agreement.
“Therefore, our directive going forward is that you should be removed from the site of this project, within the limits of our rights. You have added no value to the project,” he said.
Umahi said the ministry would write to the Independent Engineer to obtain measurements of all work executed, excluding what he described as “negative work”.
He clarified that the ministry had not stopped BAECC from working, but said allowing the concessionaire to continue under the current circumstances could worsen the situation and create the potential for public disorder.
The minister said BAECC could alternatively allow the government to engage a competent contractor to complete the project, after which the concessionaire could be given the right of first refusal to re-toll the road and recoup its investment.
Also speaking, the Director of Highway Planning, Ministry of Works and Technical Lead, Project Delivery Team for the HDMI Project, Mr Ebere Izunobi, attributed some of the project’s challenges to BAECC’s failure to comply with instructions from supervising officials.
Izunobi also alleged that the concessionaire used unqualified staff and engineers and unsuitable materials in executing the project, contributing to the poor quality of work.
Sen. Allwell Onyesoh, a member of the Senate Committee on Works, said those responsible for introducing the concession arrangement to the country had not served Nigeria well.
“The concessionaires and whoever pushed for this concessionaire did not mean well for Nigeria, and this is a big lesson about concessionaires in Nigeria,” he said.
According to him, not every concessionaire possesses the capacity required to execute projects of such magnitude.
Earlier, the BAECC Chief Executive Officer, Mr Samuel Daramola, appealed to the ministry to allow the company to continue with the project.
Daramola said the company had secured funds and upgraded its equipment and technical personnel, assuring that it could complete the project as scheduled.
“We don’t want to put money in the drain. We have upgraded our technical staff and we want the ministry to allow us to continue the project,” he said.
The Head of Legal and Compliance, BAECC, Mr Peterson Fabian, urged stakeholders to allow more time for further consultations on possible solutions.
“Every stakeholder here, do allow us to have more time to engage. I believe that we will have more pathways forward to further collaborate,” Fabian said.
Gov. Monday Okpebholo described the state of the Benin-Asaba road as a waste of resources, given the period already spent on the project.
“What we are seeing now is not what I should be seeing at this point after 16 months. Nothing has been done. To me, it is a total waste of resources,” Okpebholo said.
He urged the Minister of Works to take necessary action and find lasting solutions to the condition of the highway to ease the hardship experienced by motorists and other road users.
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