Tension in Kogi as Court Decides Fate of Faleke, Wada and Bello Today

Presiding Judge, Justice Gabriel Kolawole of the Federal High Court sitting in Abuja, will on Friday, December 4 deliver judgment on the sensitive constitutional issues that emanated from the November 21, 2015 governorship election in Kogi State which was declared inconclusive by the Independent National Electoral Commission, INEC.

  

When the matter came up for hearing on Thursday, December 3, counsel to all the parties adopted and argued their various briefs for and against the decision of the Independent National Electoral Commissions to proceed with the December 5, 2015 supplementary election.

 

The court also heard arguments from counsel on the burning issues with respect to declaratory relief ’s sought by the contending politicians and their political parties.

 

Specifically while Governor Idris Wada is urging the court to compel INEC to issue him a certificate of return as the only surviving candidate with the highest number of votes in the election, James Falake on the other hand is also asking the court to order INEC to declare him winner of the election.

 

Other plaintiffs in the consolidated suits, Emmanuel Idakwo, John Jacob Usman and Emmanuel Igbokwe had in their various suits, ask the court to compel the electoral body to conduct fresh election in the state following the dead of Alhaji Abubakar Audu, the governorship candidate of the APC in the election.

 

In canvassing their various arguments, counsel to both INEC, Yahaya Bello, and the APC, submitted that the court has no jurisdiction to adjudicate on the issues raised by the plaintiff, saying that the appropriate court is the election petition tribunal.

 

The plaintiffs are praying the court to determine whether, having regards to the provisions of Sections 31 (1) (2) (4) (5) (6) (7) and (8),33,34,36,85 and 87 of the Electoral Act, 2010 (as amended) as well as sections 178- 181of the Constitution of the Federal Republic of Nigeria, INEC can lawfully conduct a second/ supplementary election into the office of Governor of Kogi State on 5th December or any other day let alone accepting nomination/ substitution by APC on the basis of votes computed and credited to late Audu.

 

“Whether in view of the provisions of section 179 (2) (3)(4)(5) of the Constitution of the Federal Republic of Nigeria 1999 as amended and other provisions of the Electoral Act and having regards to the doctrine of necessity, Wada being the only surviving candidate with the majority votes cast at the election ought not to be declared winner of the election having secured not less than one -quarter of votes cast in two-thirds of all the local government areas of Kogi State.

 

“Whether in view of Section 181 of the Constitution of the Federal Republic of Nigeria,1999 (as amended) INEC ought to conduct a fresh Governorship election in Kogi State”, the plaintiff ’s prayed the court.