Knowledge Is The Most Expensive Property

Kogi: Court strikes out 5 suits for lack of merit

Welcome To Abdulmumuni's Blog 

Justice Gabriel Kola­wale of the Federal High Court sitting in Abuja yesterday struck out all the five suits initiated to stop the supplementary elec­tion in Kogi State for lack of jurisdiction.
Justice Kolawole while delivering judgment in the five consolidated suits filed by Governor Idris Wada of the Peoples Democratic Par­ty (PDP) and James Faleke, Deputy Governorship can­didate of the All Progres­sives Congress (APC), held that the reliefs sought by the plaintiff ’s 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.
Justice Kolawole also held that it was also not in dispute that the deceased APC candidate was leading by over 41, 000 votes when he passed away.
The court also held that there was no dispute in the fact that Governor Idris Wada scored second largest votes and that James Faleke was having a joint ticket with the late Audu and that they were coasting home to victory when the death came.
The judge also noted that 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 p laintiffs 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 glar­
ing facts that this court has no jurisdiction”, he held.
Justice consequently 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.
Faleke on his own 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.
The court had on Tues­day consolidated all the four suits, but added the one filed by Faleke 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 governorship 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 yesterday, three issues which were earlier formulated by parties was argued by counsel to Wada, Chris Uche SAN.
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.