ABUJA, Federal Republic of Nigeria. The Federal High Court sitting in Abuja will on Friday deliver judgement in a suit filed by Kogi State governor, Capt. Idris Wada and four others against the decision of the Independent National Electoral Commission, INEC, to conduct a supplementary election on December 5.
Wada is praying the court to declare him winner of the November 21 gubernatorial election, while Johnson Usman, Emmanuel Daikwo and Emmanuel Igbokwe are asking the court to conduct a fresh election in the state.
It would be recalled that INEC had on November 22, declared the gubernatorial election inconclusive and announced that a supplementary election will be conducted to determine a clear winner.
All Progressives Congress, APC, candidate in the election, Prince Abubakar Audu, who was leading by a margin of 41,000 votes died shortly after the election was declared inconclusive, a development that has created a lot of controversy.
When the matter came up for hearing yesterday, all the parties in the suit agreed to consolidate the case since they all have the same subject matter.
Three issues were formulated from the matter.
The court was asked 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 as 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 APC, when the new or substitute candidate was not part of the original election.
The plaintiffs also ask 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 majority of lawful votes cast at the Kogi State governorship election held on November 21, 2015 ought not to be declared and returned by 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.
They also asked the court to determine whether in view of Section 81 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), INEC ought to conduct a fresh governorship election.
Joined as defendants in the various suits are the Attorney General of the Federation, INEC and APC.
However, the plaintiffs said APC was yet to be served with the court papers following the crises at the party’s headquarters few days ago.
After the three issues were formulated, the trial judge, Justice Gabriel Kolawole adjourned till Thursday for adoption of addresses and also fixed judgement for Friday.
Justice Kolawole noted that he will deliver judgement in the suit on Friday so that the election will not be conducted under grave shadow of validity or otherwise of the supplementary election.
In a related development, the running mate of the late Audu, James Faleke yesterday filed a separate suit against INEC and APC at the registry of Federal High Court sitting in Abuja.
In the suit filed through his counsel, Wole Olanipekun, SAN, Faleke is praying 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.
The matter is yet to be assigned to any judge.
Meanwhile, Forum for Patriotic Members of APC, Lagos chapter, has faulted the leadership of the party on the choice of Mr. Yahaya Bello as a substitute for the late Audu.
Speaking through its Chairman, Mr. Olufunmilayo Alabi, the forum said the action of the leaders of the party was capable of jeopardising its success at the rescheduled supplementary election.
According to him, the party’s choice was also capable of throwing the state into chaos, saying the bloody clash that took place between Bello and Faleke’s faction at the party’s secretariat was a prelude to what to expect before, during and after the election.
However, he urged the supporters of both Bello and Audu to remain calm and respect the choice of the party’s leadership saying all powers belong to God and gives to whoever he wishes.
Credit: National Mirror (Nigeria)
