The Kogi State governorship election tribunal is set to deliver judgments in petitions filed by different political parties, challenging the emergence of Yahaya Bello of the All Progressives Congress, APC, as governor.
The tribunal, chaired by Halima Mohammed, is sitting at the premises of the Federal Capital Territory, FCT, High Court in Jabi Abuja. It will on Monday deliver judgment on the petition filed by a member of the House of Representatives, James Faleke, challenging the emergence of Mr. Bello as the governor. Mr. Bello was nominated by the APC to replace its late candidate, Abubakar Audu.
Mr. Faleke was running as the deputy governorship candidate under Mr. Audu and they were coasting to victory as the Independent National Electoral Commission, INEC, collated results; before Mr. Audu suddenly died.
INEC declared the election inconclusive and asked the APC to nominate a replacement for the deceased. Mr. Bello was nominated and he selected Mr. Faleke as his deputy with the latter refusing the selection.
Mr. Faleke refused to abide by the decision of the party and approached the tribunal asking it to declare him governor elect.
The candidate of the Peoples Democratic Party, Idris Wada, and other smaller parties such as the Labour Party and the African Democratic Congress, ADC, also approached the tribunal asking it to remove Mr. Bello.
PREMIUM TIMES gathered that after listening to all parties to the various petitions, the tribunal is ready to deliver judgment in all the petitions.
It will however, begin, with Mr. Faleke’s petition on Monday, after which that of Mr. Wada will be delivered on Tuesday.
Judgment on the petition by the other parties will also be delivered on Wednesday.
Before reserving judgment, the tribunal had listened to the final addresses of all counsels to the parties.
While delivering his closing address, lawyer to Mr. Faleke, Wole Olanipekun, said INEC simply plotted a ‘coup’ against Nigeria’s constitution by declaring Mr. Bello as Kogi State governor.
While delivering his closing address, lawyer to Mr. Faleke, Wole Olanipekun, said INEC simply plotted a ‘coup’ against Nigeria’s constitution by declaring Mr. Bello as Kogi State governor.
The Senior Advocate of Nigeria said Nigeria’s constitution was self explanatory and that Mr. Faleke “has a locus standi for him to have channelled his complaint to the tribunal’’.
He urged the tribunal to use the case of the late President Umar Yar’Adua and Goodluck Jonathan as a case study where the former president died paving the way for Mr. Jonathan to become president.
The lawyer said Mr. Faleke was never a running mate to Mr. Bello in the supplementary poll conducted by INEC and also agreed that what happened with the death of Mr. Audu was the first of its kind in the country.
“The petitioner has a locus standi, I agree that this kind of issue has never happened before but this is a coup set up by the 1st respondent.
“This is also the first time in the history of democracy where someone will contest without a running mate,’’ he said.
He further argued that Mr. Bello was not even a registered voter in Kogi state, saying his nomination was therefore, unconstitutional.
“The constitution said that you should vote and be voted for which the 2nd respondent does not even meet up with any of the provision,” he said.
On his part, Counsel to INEC, Alex Izinyon, urged the tribunal to dismiss Mr. Faleke’s petition for lacking in merit.
Mr. Izinyon cited Section 33 of the Electoral Act, which, he said, allowed the emergence of Mr. Bello as governor under special circumstances.
“The petitioner doesn’t have the right to hinge on qualification being a member of the same party with the 2nd respondent. If an outsider is not saying this, why should he who happened to be in the same party with the respondent say it.
“The other side where the petitioner said that the 2nd respondent does not have deputy does not also make meaning,’’ Mr. Izinyon said.
Mr. Bello’s counsel, Joseph Daudu, on his part told the tribunal that he was surprised that the APC was not joined as co-respondent in the suit brought by Mr. Faleke.
He argued that the votes cast during the supplementary poll did not belong to the candidate but to the party.
“This case is not in any jurisprudence of the Electoral Act because it is happening for the first time where the first runner died before the conclusion of the election.
“This tribunal will be making history in giving direction to the lacuna that has never happened before,” he said.
Mr. Daudu said the arguments by Mr. Olanipekun, could have only made sense if the election was declared conclusive in the first instance. He prayed the tribunal to dismiss the petition for lacking merit.
