SAN FRANCISCO, December 04, (THEWILL) – All is now set for Saturday’s supplementary election for the Kogi State governorship election as Independent National Electoral Commission (INEC) has been given the go-ahead to conduct the election.
This is as Governor Idris Wada of Kogi state and the deputy governorship candidate of the All Progressives Congress (APC) in the November 21 governorship election, James Faleke, Friday failed in their bid at a Federal High Court, Abuja to stop the supplementary election.
In the judgement that lasted for about two hours, the presiding judge, Justice Gabriel Kolawole, after taking a critical look into the reliefs sought by the five plaintiffs, he found that they were the type that cannot be granted by the court.
The court further held that from the processes filed by the plaintiffs, there was no dispute in the fact that the November 21 governorship election was substantially conducted and results being announced when the candidate of APC ‘tragically’ died.
The judge also held that it was also not in dispute that the deceased APC candidate, Prince Abubakar Audu, was leading by over 41, 000 votes when he died.
According to the court, there was no dispute in the fact that Governor Idris Wada scored the second largest votes and that Faleke was having a joint ticket with the late Audu and that they were coasting home to victory when Audu died.
Justice Kolawole said from the undisputed facts, the court held that the Kogi state governorship election had been substantially conducted by INEC and by that, the only appropriate place for aggrieved contestant in that election is the state governorship election petition tribunal to ventilate their anger when the election is finally concluded.
He added that it would amount to an exercise in futility for the court to go into the merits of the five cases, when the undisputed facts supplied to the court by the plaintiffs themselves have proved beyond doubt that the matter was a post primary election which can only be adjudicate upon by a tribunal that will set up by the President of the Court of Appeal in line with Section 182 of the Constitution.
“Let me state here that the hands of the court are not tied, but the court cannot go into the merits of the five suits because of the glaring facts that this court has no jurisdiction”, the judge ruled as he struck out the applications.
Wada and Faleke had in separate suits approached the court seeking to declare them winner of the November 21 governorship election.
Wada and his party, Peoples Democratic Party PDP, had filed an application before the Court praying it to declare Wada as the winner of the November 21 elections, having scored the second highest votes after the deceased candidate of the All Progressive Congress APC, Prince Abubakar Audu.
On his part, Faleke asked the court to declare him winner of the said poll on ground that he is having a joint ticket with the late Audu.
Three other plaintiffs, Johnson Usman, Emmanuel Daikwo and Emmanuel Igbokwe, had also in separate suits asked the court to conduct a fresh governorship election in the state.
On Tuesday, the court had consolidated all the four suits, but added the one filed by Faleke on Thursday.
INEC had on November 22 declared the Kogi state guber election inconclusive and announced that a supplementary election will be conducted to determine a clear winner.
The APC candidate in the election, Prince Abubakar Audu, who was leading by a margin of 41,000 votes died when the election results were being collated, prompting a constitutional logjam on the replacement of the deceased candidate.
At the resumed hearing of the suit on Friday, three issues which were earlier formulated by the parties was argued by counsel to Wada, Chris Uche, SAN just as
the separate suit filed by Faleke through his counsel, Chief Wole Olanipekun ,SAN, was also heard.
The court had asked the parties to argue in line with the three questions formulated for the court to determine.
In the three issues formulated, the plaintiffs asked the court to determine whether having regard to the provisions of Section 31(1)(2)(3)(4)(5)(6)(7) and 8, 33, 34, 36, 85 and 87 of the Electoral Act, 2010 (as amended) as well Sections 178-181 of the Constitution of the Federal Republic of Nigeria (as amended), INEC can lawfully conduct a second/supplementary election into the office of the Governor of Kogi state on 5th of December, 2015 or any other date at all let alone accepting the nomination/substitution by the All Progressive Congress when the new or substitute candidate was not part of the original election.
The plaintiffs also want the court to decide whether in view of the provision of Section 178(2)(3)(4)(5) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and other enabling provisions of the Electoral Act, 2010 (as amended) and having regard to the doctrine of necessity, the plaintiff being the only surviving candidate with the major of lawful votes cast at the Kogi state governorship election held on November 21, 2015 ought not to be declared and returned by the INEC as the winner of the election having secured not less than one-quarter of the votes case in two-thirds of all Local Government Areas in Kogi state.
Third, they also want the court to determine whether in view of Section 81 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the INEC ought to conduct a fresh governorship election in Kogi state.
In his submission, counsel to the APC, Bola Aidi, argued that the court lacked jurisdiction to entertain the matter in the first place.
He added that the matter is a pre-election matter and hence should be left from the election tribunal.
In his own argument , Faleke’s counsel, Olanipekun, urged the court to declare that election to the office of the Governor of a state can only be conducted in the manner expressly stipulated in Section 179(2) (a), (b), (3) (a), (b), 4 (a), (b) and (5) of the constitution.
He further submitted that by express provisions of Sections 1(2) and 179 (2) (a), (b), 3 (a), (b), 4 (a), (b) and (5) of the constitution, INEC is constitutionally bound to declare his client as duly elected to the office of Governor of a state, who scores the highest number of votes cast at the election to such office and who also scores not less than one quarter of all votes cast in each of at least two-third of all the local government areas in the state.
He however prayed the court to grant an order setting aside INEC’ s decision that governorship election held in Kogi state on November 21, 2015 is inconclusive and the public notice dated November 24, 2015 tittled ‘Kogi Governorship Election 2015’.
He also wants an order of court mandating INEC to make a return following the already announced results in the Governorship election held in Kogi state on November 21.
Responding, INEC through its counsel, Chief Adegboyega Awomolo, submitted that Faleke has no power to declare himself as the candidate of the party.
He further submitted that it is the party that has the power to nominate candidate and that the candidate had nominated someone for the supplementary election.
He therefore prayed the court to dismiss the application.
After listening to all the parties, the presiding judge, Justice Kolawole adjourned till Friday for judgement.
