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The Abuja Division of the Federal High Court, will, today, determine
whether in view of section 181 of the 1999 constitution, as amended, the
Independent National Electoral Commission, INEC, should go ahead with
its plan to conduct supplementary governorship election in Kogi State
tomorrow.
Justice Gabriel Kolawole adjourned for judgement after all
the parties, yesterday, adopted their final written addresses on
contentious legal issues that arose from the sudden death of the
candidate of the All Progressives Congress, APC, Prince Abubakar Audu,
before the election was concluded.
Wada
INEC had declared the governorship election held November 21, inconclusive, even as it fixed Saturday to conduct a run-off poll.
Meanwhile,
the court had, Tuesday, consolidated four separate suits challenging
the legality of the scheduled supplementary election.
Justice Gabriel
Kolawole, who merged the four suits, said there was need for the court
to expeditiously determine the issues “so that INEC will not conduct the
election under a grave shadow of doubt as to the legal or
constitutional validity.”
Whereas one of the suits was lodged before
the court by Kogi State governor, C aptain Idris Wada (retd), the second
suit was filed by the governorship candidate of the People for
Democratic Change, PDC, in the state, Emmanuel Daikwo.
Likewise, a
legal practitioner, Mr. Johnson Usman, a House of Representatives member
for Ahiazu Ezinaehitte Mbaise Federal Constituency of Imo State, Rafael
Igbokwe and an electorate from Omala Local Government Area in
Abelijukolo Ife of Eche ward in Kogi State, Mr. Stephen Wada Omaye,
filed the two remaining suits.
Upon consolidation of the suits, the
plaintiffs, led by Wada’s lawyer, Mr. Goddy Uche, SAN, distilled out
three principal legal issues for the court to determine today.
They want the court to go ahead and determine: “Whether having regard to the provisions of sections 31(1)(2)(4)(5)(6)(7) and ,
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 Governor of Kogi State on December 5, 2015,
or any other date at all let alone accepting the nomination/substitution
by the APC of any candidate on the basis of votes computed and credited
to the deceased candidate of the APC when the new or substitute
candidate was not part of the original election.”
Wada specifically
prayed the court to determine, “whether in view of the provisions of
section 179 (2) (3)(4)(5) of the constitution, 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 major lawful votes cast at the Kogi State
governorship election held on November 21, 2015, ought not to be
declared and returned by the INEC as the winner of the election having
secured not less than one-quarter of the votes case in two-thirds of all
the Local Government Areas in Kogi State.”
Justice Kolawole had
given all the parties 48 hours to file and exchange their briefs of
argument and return to the court yesterday for adoption.
Jurisdiction of the high court Meantime, at the resumed sitting, yesterday, the APC, challenged the jurisdiction of the high court to entertain the suits.
APC’s
position was also adopted by both INEC and its replacement for Audu,
Mr. Yahaya Bello, who both contended that the court has no jurisdiction
to adjudicate on issues that were raised by the plaintiffs, issues they
said could be best handled by an election petition tribunal.
APC was not represented in court the day the four suits were consolidated.
The
plaintiffs had informed the court that they could not effect service on
the party owing to a free-for-all they said took place at the APC
national secretariat in Abuja by three different factions of the party
in Kogi State, the day they went there with the court processes.
In
the suit marked FHC/ABJ/CS/977/2015, Faleke insisted that contrary to
claim by INEC, the Kogi State governorship election was conclusive.
He
is seeking 16 principal reliefs from the court, among which include: “A
declaration that by the express provisions of sections 179 (2) (a) and
(b) and 187(1) of the constitution, a person who is nominated as an
associate of a candidate for the office of governor of a state is duly
elected deputy governor of a state when the candidate for the office of
the governor scores the highest number of also scored not less than one
quarter of all the votes cast in each of at least two-third of all the
local government areas in the state.”