Court refuses to stop Kogi supplementary poll

A Federal High Court in Abuja has struck out the suits seeking to halt the Kogi State governorship supplementary election billed for today. In his judgement yesterday, Justice Gabriel Kolawole ruled that the court lacks jurisdiction to hear the suits because the issues did not arise from a post-primary election of a political party but […]

A Federal High Court in Abuja has struck out the suits seeking to halt the Kogi State governorship supplementary election billed for today.
In his judgement yesterday, Justice Gabriel Kolawole ruled that the court lacks jurisdiction to hear the suits because the issues did not arise from a post-primary election of a political party but from actual voting.
He said that by the provisions of Sections 87(7) of the Electoral Act and 285 (2) of the 1999 Constitution, the court lacks jurisdiction to adjudicate on the suits.
He, however said the facts in the suits, being novel in nature, can be contested before the Governorship Election Petitions Tribunal to be constituted by the President of Court of Appeal.
“It is my view that where the court does not have the jurisdiction to make affirmative pronouncement, it would amount, in my view, to an act of idle judicial indulgence for me to proceed on any further examination and consideration of the three fundamental issues which all counsels have, by consensus, set down for determination,” he said.
The array of suits followed the sudden death of Prince Abubakar Audu of the All Progressives Congress (APC) shortly after the Independent National Electoral Commission (INEC) declared the November 21 governorship election inconclusive in 91 polling units of the 21 local government areas of the state.
Audu was leading the polls, which was contested by 22 political parties, with 240, 867 as against 199,514 votes by the People’s Democratic Party (PDP’s) candidate, incumbent Governor Idris Wada.
In an originating summons filed by his counsel, Chris Uche (SAN), Wada asked the court to declare him winner of the election having scored the second highest lawful votes cast or in the alternative nullify the entire poll for fresh one.
Citing sections 31(1), (2), (3), 33, 34, 34 of the Electoral Act and sections 178, 179, 180 and 181 of the 1999 Constitution, he said the new APC candidate, Yahaya Bello, did not fulfill the conditions to become governor, adding that there is “provision where a candidate can emerge and inherit the votes of a deceased candidate.”
In the other suits filed by Hon. Emmanuel Daikwa, Hon. Raphael Igbokwe and Johnson Usman, which joined INEC, the Attorney General of the Federation and the APC, counsels in the suits urged the court to either nullify the entire elections for a fresh one or declare the PDP candidate winner having scored the highest valid votes.
Audu’s running mate, James Abiodun Faleke, also brought a fifth suit through his counsel, Wole Olanipekun (SAN), asking the court to declare him winner of the election.
Citing Section 181 of the 1999 Constitution, Olanipekun argued that the ticket, which the deceased had was a joint ticket. He maintained that the submission by the PDP of scoring the second highest votes was an admission that the election actually held.
But INEC counsel Adegboyega Awomolo (SAN), urged the court to refuse the suits for lack of jurisdiction to hear election matters, maintaining that only election tribunals can hear the suits.