S/Court upholds Bello as governor of Kogi
NAN-H-85
Judgment
Abuja, Sept 20 (NAN) The Supreme Court has said that the four governorship appeals of James Faleke, Capt Idris Wada, Kogi former governor, Labour Party and African Democratic Congress lacked merits
The court in separate judgments delivered on Monday uphold the election of Yahaya Bello of the All Progressives Congress (APC) as governnor of Kogi.
The apex which described the appeals as mere academic exercise, also said that reasons for the judgments would be given on Sept. 30.
Delivering a unanimous judgment on appeal filed by Mr James Faleke of the APC, Justice Kudirat Kekere-Ekun held that the appeal lacked merit.
“Having gone through the addresses of parties in this matter, I do come to the conclusion that the appeal is a mere academic exercise.
“The election of Mr Yahaya Bello of the All Progressives Congress (APC) as governor in the Dec.5, 2015 governorship poll in Kogi State is upheld.
“The reasons for the decision would be given on Sept.30. Parties are to bear their costs,’’ she held.
In similar vein, Justice Sylvester Ngwuta, while delivering the lead judgment on Capt. Idris Wada’s appeal equally held that the action was baseless and lacked merit.
“We have together as brother justices sat on the merit of this appeal and found out that the issues raised can not stand. The appeal is therefore struck out,’’ Ngwuta said.
The News Agency of Nigeria (NAN) reports that those filed by the African Democratic Congress (ADC) and Labour Party were struck out on similar grounds.
Justices John Okoro and Datijo Mohammed who gave the lead judgments for these other appeals also fixed Sept. 30 to adduce reasons for their decisions.
Earlier, while adopting his written address, Chief Wole Olanipekun (SAN), counsel to Faleke said that the nomination of the governor violated the provisions of the Electoral Act and the Constitution.
Olanipekun urged the court to set aside the decision of the lower court.
He also urged the court to void Bello’s election on the grounds that he was not properly nominated
He argued that Bello did not participate in all the electioneering processes as required by law before he emerged as his party’s candidate in the rerun election.
Olanipekun urged the court to allow the appeal and declare Faleke the proper person for the governorship seat.
Mr Joseph Daudu (SAN), counsel to the governor prayed the apex court to discountenance the arguments canvassed by Olanipekun.
He said that the nomination of his client to participate in the re-run election was done according to law.
“How else can should a candidate emerge. He came second in the party primary and therefore became the most qualified to enter the contest on the demise of Abubakar.
“Faleke was never in the picture because he was just a running mate and the provisions of the laws do not arrogate to him automatic qualification after his principal (Abubakar) died.
“The Electoral Act and the Constitution have since empowered Political Parties as the single entity to nominate candidates for elections and that was played out here,’’ he said.
Chief Akin Olujimi (SAN) counsel to the APC also aligned with Daudu by urging the court to dismiss the appeal.
NAN also reports that all attempts made to convince the court by Chief Chris Uche (SAN), counsel to Wada in the other appeal failed.
Wada, the ex-governor, and the Peoples Democratic Party’s candidate in that election had urged the court to upturn Bello’s victory in the re-run election.
Uche averred that the modalities that characterised the Dec.5 re-run election remained fraudulent, adding that the law did not allow transmission of votes to another candidate.
“The entire process was a fraud My Lords. INEC simply aided a rape on democracy in Kogi for declaring Bello as the governor.
“By implication, the acclaimed governor only scored about 6,000 votes out of the over 400,000 votes, leaving the mandate of the people in the hand of a total stranger.
“In other to re-write this wrong, the apex court must do the needful by removing him from that position,’’ he said.
Uche further said: “what INEC should have done was to order for fresh election after the death of the APC substantive candidate when election was 95 per cent concluded’’. (NAN)
OMO/OFN
Edited by Felix Nwadioha