The Peoples Democratic Party has described as comical the swearing in of Yahaya Bello who did not participate in the overall election, as Kogi State Governor.
The swearing in took a dramatic turn when Bello was sworn in in the absence of his elected deputy, James Faleke who had earlier threatened not to show up due to the crisis that surrounded the election.
In a communique issued by the PDP National Secretary, Prof. Adewale Oladipo, the party described Bello as a shadow-chasing passerby since he only scored 6885 during the governorship election.
PDP said The said Yahaya Bello, who cannot claim the overall winning votes in the election is therefore a shadow-chasing passerby on an excursion in Kogi state government house, as the so-called swearing-in ceremony, having no bearing from the votes at election is at best an APC function.
The people of Kogi are aware that the man being paraded by the APC is not the person they exercised confidence in at the election as he scored a paltry 6885 vote in the so-called supplementary election as against the 204,877 votes polled by the PDP candidate, Alhaji Idris Wada in the overall election.
However, as a law abiding party, we hereby urge our members and the people of Kogi state to remain calm and not despair over this slap on democracy as the courts would soon deliver justice with regard to the authentic governor with the mandate of the majority at the election.
The Peoples Democratic Party has approached a Federal High Court in Lagos seeking an order to remove James Faleke as the lawmaker representing Ikeja Federal Constituency of Lagos State in the House of Representatives.
James Faleke
The suit marked FHC/L/08/1680/15 was filed by a PDP member, Olakunle Okunola, with the PDP listed as the second plaintiff.
Okunola and the PDP are urging the court to declare that the All Progressives Congress breached Section 37 of the Electoral Act when it nominated Faleke for the March 28, 2015 National Assembly election and later nominated Faleke as its deputy governorship candidate for the November 21, 2015 governorship election in Kogi State.
The applicants are urging the court to declare that Faleke’s membership of the House of Representatives had terminated because his voting data had been transferred from Ikeja Federal Constituency of Lagos State to Ekinrin-ade ward of Ijumu Local Government Area of Kogi State.
Joined as respondents in the suit are Faleke, APC and the Independent National Electoral Commission.
The plaintiffs are seeking an order of perpetual injunction restraining INEC from reversing or re-transferring Faleke’s voting and membership data from Ekinrin-ade ward in Ijumu Local Government Area of Kogi State to the Ikeja Federal Constituency 1 of Lagos State.
They urged the court to stop Faleke from parading himself as a member of the House of Representatives representing Ikeja Federal Constituency 1 in the House of Representatives.
The plaintiffs’counsel, Kingsley Kezie, who appeared before Justice Abdulaziz Anka on Wednesday said all efforts to serve the court processes on Faleke and APC had proved abortive.
He therefore urged the court to grant the plaintiff an order to serve the defendants through substituted means at their addresses.
In a ruling, however, Justice Anka granted the order to serve APC by substituted means but directed the plaintiffs to go to Kogi State and effect personal service on Faleke.
He adjourned till January 26, 2016 for report of service.
Lokoja – A Kogi State Dep. Governor-elect, Mr James Faleke has been released by the operatives of the Directorate of the State Security Service (DSS).
Mr Duro Meseko, the Director of Media and Publicity of Audu/Faleke Campaign Organisation said on Saturday evening that Faleke and Alhaji Mohammed Audu were released at about 5 p.m.
He said that the duo had reported to the headquarters of the DSS in Abuja on invitation at about 10 a.m. only to be taken into custody without any cogent reason till 5p.m. when they were released.
Meseko urged members of All Progressives Congress (APC) and supporters of the politicians to remain calm and not to resort to any action that could jeopardise the existing peace in the state.
He also assured that Faleke would continue to abide by the rule of law to reclaim the mandate freely given him and the late Prince Abubakar Audu on Nov. 21, 2015.
Both Faleke and Mohammed Audu, the first son of Prince Abubakar Audu, were detained for reasons yet to be stated by the DSS.
The National Chairman of the All Progressives Congress (APC), Chief John Odigie-Oyegun, said on Thursday the party is still making moves to reconcile those aggrieved with the choice of Alhaji Yahaya Bello as the party governorship candidate in Kogi State.
APC National Chairman, Odigie Oyegun
The party picked Bello to replace its governorship candidate in Kogi, Abubakar Audu, who died last month.
Oyegun, who spoke at a meeting with leaders of the APC from Kogi East Senatorial District, said the party settled for Bello with the PDP in mind, adding that the APC was aware that whatever decision it came up, somebody will be offended.
He said, “INEC asked us to replace the late Prince Abubakar Audu, The party opted for something can we defend better if they go to court. That was the basis of our decision. But of course it created understandable anguish.
“We took the decision knowing fully well that someone was bound to get offended. And we were very conscious of the very peculiar circumstance of a group that was on the doorstep of victory. So in the circumstance, we did what we interpreted legally as the best way out of the logjam we were in, always having our eyes on the Peoples Democratic Party (PDP) and what they may likely bring up in court.
“So what we are trying to do is to say we know you are badly bruised, we hope tempers are cooling down. We hope we can now talk about the next steps that will restore some semblance of normalcy all over Kogi State.
“In politics, everybody works for his own inheritance. It is not passed on from father to child. Of course the father can help the child and no question about that. The child can benefit from the father’s influence, personality and the rest. But he has to earn it. Politics is not an inheritance.”
Some members of the All Progressives Congress (APC) from the Kogi East and Kogi West senatorial districts said on Saturday that they would not shift grounds on Audu/Faleke ticket .
James Faleke
The party leaders from Kogi East after a crucial meeting at Ayangba rejected the decision of the party’s national working committee to nominate Alhaji Yahaya Bello as a replacement for the late Alhaji Abubakar Audu.
Prof. Isah Daniel, Vice-Chairman of the party in the zone, told newsmen at the end of the meeting that the Audu/Faleke ticket “won the Nov. 21 governorship election with or without the result of the supplementary election.
“More than 6,000 votes scored during supplementary election are not enough to deny Audu/Faleke ticket; the mandate freely given to them before the election was declared inconclusive.
“All stakeholders and party loyalists from the nine local government areas in Igala land have, therefore, resolved to stand on Audu/Faleke.’’
In a similar development, traders under the aegis of the National Association of Market Women and Men of Nigeria, Kabba-Bunu Local Government, staged a peaceful protest to expressed support for the Audu/Faleke ticket.
At a rally held in Kabba on Saturday, market leaders, Mrs Felicia Aiyeromi and Mr Stephen Oladipupo, said in separate interviews that the traders had an understanding with Faleke before the election which made them to vote APC during the election.
They called on the leadership of the party to replace Audu with Faleke in the interest of justice and fairness.
Also, at a meeting called by the leader of the APC in Kogi West Senatorial District, Rep. Buba Jibril in Lokoja, stakeholders and leaders rejected the nomination of Bello as a replacement for Audu.
The leaders, in a communiqué issued at the end of the meeting, resolved that although Faleke might pursue litigation against the party over the nomination of Bello, party leaders should not foreclose peaceful negotiation.
Faleke must accept the verdict of Kogi people – Kogi Alliance of Democrats
Meanwhile, Faleke has been urged to respect the verdict of the Kogi people by sheathing his sword on the governorship election in the state by Kogi Alliance of Democrat, a political group.
The group made the charge in a communique issued in Lokoja Saturday morning after their 3-day retreat in the state capital. The group said the Kogi election was in conformity with the constitution of the country.
According to the communique, it is imperative to avoid plunging the country into further constitutional crisis.
It reads: “The governorship election has come and gone but the scars of the past few weeks remain indelible on the political body of the state. We are yet to move away from the constitutional camera because of the unusual occurrence about the death of the late Prince Abubakar Audu.
“To us, INEC complied substantially with the provisions of the constitution in conducting the election and in replacing the late governorship candidate with the person who came second during the primaries.
“In as much we wouldn’t want to be seen as prejudicing the cases in court on the election, the mere fact that Faleke didn’t participate in the primaries disqualified him from emerging as the candidate of the party for the supplementary poll.
“Since Faleke remains the Deputy Governor-Elect, he should accept the position and move on to avoid creating more constitutional crisis for the state, moreover he didn’t indicate interest to become governor in the first place.
“We urge all interested parties to work harmoniously together and discontinue their court cases in order to ensure their is smooth transition in Kogi State.
“As a group, we have decided to work with the Governor-Elect because we believe in his manifesto to chart a new new direction for our dear state”.
KAD also called on the State House of Assembly to discharge their responsibilities within the ambit of law, saying they should allow the interest of the state override their personal ambitions. It said the Assembly must come out to defend its name and integrity in the face of disparaging accusations of inducement from certain quarters.
Kogi State All Progressives Congress (APC) deputy governorship candidate Abiodun Faleke yesterday said he would not be available for swearing-in with Alhaji Yahaya Bello on January 27, 2016.
Faleke spoke at Kabba at a meeting of APC stakeholders from Kogi West senatorial district.
James Faleke
He said: “I will not disappoint Prince Abubakar Audu. I, James Abiodun Faleke, will not be there for the swearing-in if we don’t finish the case before the January 27, 2016.
“Nobody consulted me before making me a deputy to Bello. He too did not consult me. I have made my position known to the party leadership on this. I am not ready to betray and disappoint Prince Abubakar Audu.”
He exonerated President Mohammadu Buahri from the crisis.
Faleke warned the leadership of the party against setting it on a path of destruction through impunity and injustice, saying they should learn from what happened to the Peoples Democratic Party (PDP).
He said the present struggle was a complex one and beyond him, saying it was about emancipation of the people and the future of the state.
“People are fighting for 2019 in 2015. Are they God? What is happening is beyond human imagination.
“I am a marathoner, no matter how bumpy and rough the road is, we shall get there, “ he said.
•Learn from Jonathan, Fayemi, Judges advises politicians •Tells Wada, Faleke, others to go to tribunal •We’re ready for elections — INEC
By Ikechukwu Nnochiri, Boluwaji Obahopo & Kingsley Fanwo
GOVERNOR Idris Wada of Kogi State and the Deputy Governorship Candidate of the All Progressives Congress, APC, James Faleke, yesterday, lost their bid to stop the Independent National Electoral Commission, INEC, from conducting today’s supplementary election in the state. They failed to persuade the Federal High Court sitting in Abuja to declare the make-up polls as illegal, unconstitutional and ultra vires the powers of the electoral body.
James Faleke
Whereas Wada, who is the flag-bearer of the Peoples Democratic Party, PDP, contended that being the surviving candidate with the majority of lawful votes cast at the initial election held on November 21, he ought to have been declared and returned by the INEC as the winner of the election having secured not less than one-quarter of the votes cast in two-thirds of all the local councils of the State.
Faleke on the other hand, while insisting that INEC goofed when it declared the November 21 election inconclusive, prayed the court to not only abort the planned supplementary polls, but to also declare that going by the totality of the results already declared by INEC, he ought to be declared the governor-elect.
Faleke argued that results INEC announced after the election clearly produced him as the Deputy-Governor elect of Kogi State, saying with the death of his principal, Prince Audu Abubakar, he ought to have inherited all the votes owing to the fact that he shared a joint ticket with the late Audu.
The court ruling
However, in its ruling yesterday, the court declined jurisdiction to determine the merit of both Wada and Faleke’s suits. Specifically, Justice Gabriel Kolawole, dismissed five separate suits that sought to stop today’s supplementary governorship election. While refusing to resolve any of the constitutional issues that were raised in the five suits, Justice Kolawole stressed that Section 285(1) of the 1999 Constitution and Section 87(10) of the Electoral Act, as amended, de-limited the jurisdiction of the Federal High Court to grant all the reliefs the plaintiffs sought.
Noting that the legal actions were precipitated by the governorship election held in Kogi State on November 21, Justice Kolawole, directed all the plaintiffs to go and ventilate their grievances before the Election Petition Tribunal. He described all the issues that were canvassed in the various suits as “post election matters”, which he said could be effectively decided by the Governorship Election Petition Panel that will be duly constituted by the President of the Court of Appeal.
Justice Kolawole held that though the Federal High Court has the power to interpret the provisions of both the Constitution and the Electoral Act, delving into the Kogi matter, which Section 285(2) of the constitution has given the Election Tribunal the powers to handle, “will amount to embarking on a mere judicial exercise.” The court said it would neither affirm that INEC acted rightly when it declared the November 21 election inconclusive, nor confirm the validity of the supplementary election taking place today.
“To proceed to affirm or otherwise the 1st defendant’s (INEC) decision will be nothing short of exercising jurisdiction, which this court does not have under section 87(10) of the Electoral Act. “Once electorates have gone to the polls, whatever happens thereafter can only be entertained by the tribunal which have the powers to hear petitions by candidates or political parties that sponsored them”, the Judge held.
He said the danger in allowing the Federal High court to interfere in an electoral dispute where virtually most of the results have b een announced, will occasion the situation where “bad losers in an election” will quickly rush to court before the conclusion of the process, to seek declarative and injunctive relieves.
Learn from Jonathan, Fayemi, Judge advises politicians
The judge urged politicians to learn from former President Goodluck Jonathan and erstwhile Governor of Ekiti State, Kayode Fayemi, who he said were exemplary political characters. Besides, Justice Kolawole took an indirect swipe at the Attorney General of the Federation and Minister of Justice, Mr. Abubakar Malami, SAN, for giving “a partisan or otherwise legal opinion in a contest that is not exclusively an APC affair, but involves multiple political parties”.
The judge observed that the opinion the AGF expressed at a public forum concerning the Kogi matter, probably informed INEC’s decision to allow APC to substitute its late governorship candidate, a development he said culminated into the flurry of suits that were lodged before the High Court. Justice Kolawole however acknowledged that under Section 150(1) of the 1999 constitution, as amended, the AGF, can be called upon as the Chief legal adviser of the Federation, to give clear legal directions to agencies of the Federal Government.
“I am not in doubt that all the issues of law and facts that were raised before this court can be canvassed before the governorship election petition tribunal. I have no doubt that all the legal issues are such that the tribunal has jurisdiction to entertain. This judgement shall not operate before the election tribunal as res-judicata as this court has not decided any of the suits on the merit.
Though the court as the judicial arm of government, has a duty to not only uphold and protect the constitution, but to avoid decisions which will undermine or endanger the democratically laid down electoral process. “The process, no matter how imperfect or faulty it may be, is the only means by which any citizen who is aspiring for an elective office can assume governmental power.
“Court has power to assume jurisdiction in a way and manner that will assist the system to run its full course. The laws have made provision for an election tribunal, which is an alternative forum where disenfranchised candidates can go to ventilate their grievances. “Let me state it again lest I be misunderstood, this court has not in this matter, taken a position similar to that of the Biblical Pontius Pilate, the governor of the Jews who washed his hands off the blood of the innocent.
“Where the court has jurisdiction, I am confident that the arms of the law is not too short for it to make the necessary declaratory orders. However, the court will only do so within the parameters of its statutory and constitutional powers.
“The plaintiffs’ course of action is within the event of the Kogi state election of November 21, which is not cognizable by the Federal High Court under section 285(1) of the constitution and section 87(10) of the Electoral Act. “With all I have said, the four suits are hereby struck out for lack of jurisdiction. There shall be no order as to cost”, Justice Kolawole added.
The court yesterday adopted the same reason and also struck out Faleke’s suit yesterday. Aside Wada and Faleke, the three other suits were lodged before the high court by the governorship candidate of the People for Democratic Change, PDC, in Kogi state, Hon. Emmanuel Daikwo, a legal practitioner, Mr. Johnson Usman, a House of Reps member for Ahiazu Ezinaehitte Mbaise Federal Constituency of Imo State, Hon. Rafael Igbokwe and an electorate from Omala LGA in Abelijukolo Ife of Eche ward in Kogi state, Mr. Stephen Wada Omaye.
With the exception of Falake’s case, the court earlier consolidated the other four suits that were dismissed, yesterday. The plaintiffs had upon consolidation of their suits, distilled out three issues they urged the court to determine. They prayed the court to go ahead and determine, “ Whether in view of Section 181 of the Constitution of the Federal Republic of Nigeria,1999 (as amended) INEC ought to conduct a fresh Governorship election in Kogi State.
As well as “ Whether having regard to the provisions of sections 31(1)(2)(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 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.
A Federal High Court in Abuja will today resolve the dispute arising from the November 21 governorship election in Kogi State.
James Faleke
Judgment will be delivered in five suits arising from the disagreement over the poll declared inconclusive by the Independent National Electoral Commission (INEC).
The court will among others, decide whether or not INEC could proceed with its planned supplementary election scheduled for tomorrow.
Justice Gabriel Kolawole gave the indication yesterday after taking arguments from parties in the five cases which, with the agreement of lawyers in the cases, he consolidated and heard together.
The cases included the one filed by the Deputy Governorship candidate of the All Progressives Party (APC), James Abiodun Faleke, marked: FHC/ABJ/CS/977/2015, where he faulted the decision by INEC to declare the election inconclusive; asked the court to among others compel INEC to declare his joint ticket with the late Abubakar Audu, winner of the election and to restrain it (INEC) from proceeding with its planned supplementary election.
The second suit marked: FHC/ABJ/CS/962/2015, is by Governor Idris Wada and candidate of the Peoples Democratic Party (PDP) and his party where they want the court to compel INEC to declare Wada winner of the election, on the grounds that he is the only surviving candidate in the election who scored the second highest votes after the late Audu, the APC candidate.
The third suit marked: FHC/ABJ/CS/973/2015 was filed by Emanuel Daiko, who claimed to have contested the election as a candidate of the People for Democratic Change (PDC) and wants the court to among others hold the supplementary election is illegal, prevent APC from substituting its deceased candidate and to prevent APC from participating in the election on the grounds that it no longer has a candidate.
The fourth marked: FHC/ABJ/CS/958/2015, filed by Raphael Igbokwe (a PDP member of the House of Representatives from Imo State) and Stephen Wada Omaye wants the court to annul the election and conduct a fresh one. It has INEC and APC as defendants.
The fifth suit marked: FHC/ABJ/CS/952/2015 was filed by a Johnson Jacob Usman (who claimed to be an indigene of the state, a registered voter and a lawyer). He seeks among others, to compel INEC to suspend all actions in relation to the election pending the determination of the suit and a declaration that the election ought to be cancelled. It has the AGF and INEC as defendants.
Before entertaining arguments from parties, the court joined the APC’s substitution for Audu, Yahaya Bello and the African Democratic Congress (ADC) as defendants in the case.
Arguing yesterday, Faleke’s lawyer, Wole Olanipekun (SAN) stated that the court possessed the jurisdiction to resolve all issues raised in his client’s case. He said the case was not one for electoral tribunal because the plaintiff only requested the court to apply constitutional provisions in determining the various questions.
He argued that it was a provision of the Constitution that where a principal dies in an election contested with a joint ticket, the constitutional vested interest inures to the benefit of the running mate.
Olanipekun contended that INEC’s decision to declare the election inconclusive was not because Audu died, but because it voided elections in some 91 polling units in 18 Local Governments, where it now intends to conduct supplementary election. Relying on newspaper publication, noted that as at Novemeber24, INEC was reported to have denied knowledge of Audu’s death.
He argued that what his client wants the court to do was not to announce a winner, but like an order of mandamus, compel INEC to perform its statutory responsibility by declaring a winner in an election where results have been computed and announced.
Olanipekun argued that INEC lacked the power to issue the directive (as contained in its “public notice” of November 24, 2015) to the APC to substitute its governorship candidate in the election following the death of its earlier candidate, Abubakar Audu and that it would hold a supplementary election on December 5.
He described Yahaya Bello, who APC has now substituted Audu with, as an interloper, who wishes to usurp the interest of his client. He further argued that by Wada’s prayer to be declared winner on the ground that he was the first runner up, was an admission that the election was concluded and that there was the person who came first.
Responding, lawyers to INEC, APC and PDP, who are defendants in the case urged the court to dismiss it because all the prayers sought by Faleke could only be granted by election tribunal.
Adegboyega Awomolo- SAN – (for INEC) argued that “it is trite law that any matter related to, connected with or arising from election process, whether concluded or not could only be referred to the election tribunal.”
Lawyer to Yahaya, A. A. Adeniyi argued that since the issue was about election, the resolution of the dispute should be taken before the election tribunal.
Lawyer the PDP, Pius Akubo (SAN) argued in similar vein, insisting that Faleke could only inherit the outcome of his joint ticket with Audu if they had been duly elected, with the election concluded as prescribed in the Electoral Act.
Lawyer to APC, Bola Aidi, who agreed with the other defendants, equally urged the court to dismiss the suit on the ground that it was only election tribunal that could determine the issues raised.
Arguing Wada’s suit, his lawyer, Chris Uche (SAN) urged the court to grant his client’s prayers.
Awomolo (for INEC), T. A. Gazali (for the Attorney General of the Federation), Aidi (for APC), Adeniyi (for Bello) argued that the proper forum for the determination of the issues raised was the election tribunal.
“Having regard to prayers sought, it is not seeking the interpretation of the Constitution, but the declaration of winner and issuance of certificate of return. The best place to go is the election tribunal created for Kogi State,” Awomolo said.
Violence erupted at the National Secretariat of the All Progressives Congress in Abuja on Monday as supporters of the new Kogi State governorship candidate of the party, Alhaji Yahaya Bello, and James Faleke’s loyalists engaged themselves in a bloody clash.
Faleke was the running mate of the late APC governorship candidate in the November 21 election in the state, Alhaji Abubakar Audu.
Stones, sticks and other missiles were deployed in different directions by thugs, who broke through police barricades in an attempt to force their way into the party headquarters.
As the clash raged, party leaders were holed up in a meeting behind closed doors on the crisis over the choice of a replacement for the late Audu.
Meanwhile APC has submitted Bello’s name as a replacement for the late Audu, which the Independent National Electoral Commission confirmed receiving on Monday.
Although what triggered the violence was unclear as of the time of filing this report, it was learnt that an altercation between two rival supporters led to a free-for-all.
Several vehicles were vandalised and no fewer than five persons were injured in the fracas in which the supporters dismissed the presence of security operatives to engage one another in a violent confrontation.
Some policemen rushed one of the badly injured fighters to an undisclosed health facility.
Police later called for a reinforcement to be able to bring the situation under control.
The meeting of the APC leaders with Bello and Faleke was scheduled to begin at 3pm but did not start until about 4.20pm.
Bello’s supporters arrived at the secretariat first in several buses but the security officials restricted them to the outer parameters of the main entrance gate of the party headquarters.
They entertained themselves with drumming, singing and dancing when Faleke and his entourage arrived at the scene.
As soon as Faleke and his close associates entered the party secretariat, supporters of both men struggled to outdo each other in shouting the names of their principal.
They yelled repeatedly “Sai Faleke” (only Faleke) and “Sai Bello” (only Bello).
This led to a hot exchange of words between the supporters, leading to a violent clash between them.
Kogi Election Violence
The fight, which began shortly after 3.30pm, lasted for about 45 minutes before order was restored by the police.
The meeting of the party leaders, members of the National Working Committee and the two contenders was still ongoing as of 9.30pm on Monday.
Those at the meeting included the Kaduna State Governor, Nasir el-Rufai; Senators Dino Melaye, Mohammed Ohiare and members of the John 0digie-Oyegun-led National Working Committee.
Others at the meeting included some members of the Kogi State House of Assembly.
An angry party leader, who spoke on condition of anonymity because of the sensitivity of the matter, blamed the party leadership for the crisis.
He said, “We could have handled this better. Why didn’t we call the two men together earlier? Why would you decide on a candidate before calling a meeting of the two parties?
“If you are Faleke, how will you feel when you first read about the party’s decision in the papers before the party calls you for discussions? There should be some respect for crying out loud.”
In the meantime, INEC said on Monday that it had received the request by the APC to replace the late Audu’s name with that of Bello for the supplementary governorship election in Kogi State on Saturday.
The commission’s Deputy Director, Publicity, Mr Nick Dazang, who confirmed this in an interview with journalists, was however, silent on when the commission received the request.
Dazang said, “They (APC) have sent the name of their replacement candidate and he is the runner-up in their primary, that is Yahaya Bello, to the commission.
“The commission is committed to conducting the two elections. That is why in respect of Kogi, in spite of what happened, we came out with a public notice, which invited the APC to submit its replacement candidate for the election.”
Meanwhile, the suit filed by Wada, and his party, the PDP, seeking an order declaring them as the winners of the November 21 governorship election in the state, comes up for mention before a Federal High Court in Abuja on Tuesday (today).
It was learnt that the suit filed on November 27, had been assigned to Justice Gabriel Kolawole.
Our correspondent also learnt on Monday that the matter would only come up for mention and not hearing on Tuesday as it remained unclear if respondents to the suit had been served and responded to the suit.
The respondents to the suit are INEC, the Attorney General of the Federation and Minister of Justice, Abubakar Malami, and the APC.
Wada and the PDP argued in their suit that in view of the death of the APC candidate, Audu, they should be declared the winners of the election as the surviving candidate with the majority of lawful votes cast during the poll.
The plaintiffs also asked the court to compel the INEC to issue Wada with a Certificate of Return.
In a separate application, the plaintiffs also asked the court to restrain INEC from conducting the supplementary election scheduled for Saturday.
The plaintiffs, through their counsel, Chris Uche (SAN), also asked the court to issue an order of injunction restraining the APC from organising or holding a fresh primary for the purpose of substituting their candidate ahead of the supplementary or other election for the Kogi State governorship for 2015.
They also asked the court to declare that APC could not organise and hold a fresh primary for the purpose of the supplementary election in view of the “immutable statutory timeliness provided by enabling sections of the Electoral Act 2010 and the INEC timetable for the Kogi Governorship election”.
They also asked the court to hold that the APC could not lawfully nominate a candidate for the supplementary governorship election slated for the December 5 without a valid and legally cognisable primary of the APC conducted within the mandatory timeliness specified by the Electoral Act.
The case has not been assigned to any judge.
In a related development, the APC youth movement in Kogi State on Monday hailed the NWC of the party on its handling of the replacement for the late Audu.
The Chairman of the APC youth group, Mr Samuel Davies, in a media briefing in Lokoja, the Kogi State capital, expressed the youths’ support for the choice of Bello, who they said was the runner-up to the late Audu during the state’s APC governorship primary.
He said, “In this scenario, the person, who came second in the validly conducted primary of the APC, should be allowed to step into the shoes of Prince Abubakar Audu to avoid legal land mines the PDP is already laying ahead of the declaration of the final election result.”
THE crisis created by the demise of the All Progressives Congress (APC) candidate in Kogi State’s governorship election, Prince Abubakar Audu, seems to be growing fast.
James Faleke
Audu’s running mate in the November 21 election, James Abiodun Faleke, has declined to pair with Alhaji Yahaya Bello, who has been named the party’s candidate for the supplementary election on Saturday, insisting that he should be declared governor-elect on the APC platform.
The APC looked set to win the election but the Independent National Electoral Commission (INEC) declared it inconclusive, following the inability of some registered voters to vote in 91 units.
In a letter to APC National Chairman Chief John Odigie-Oyegun, Faleke dissociated himself from the supplementary poll, which he insisted was unnecessary since the November 21 governorship election produced the candidates of the APC as clear winners.
He said rather than substitute its late standard bearer at the governorship election for the purpose of a supplementary election, the party ought to have urged the electoral umpire to declare it the winner of the poll since the expected results from the scheduled election would be inconsequential.
In the 91 units, there are 49,000 registered would-be voters. Of the lot, only 25,000 have voter cards. The APC is leading by 41,000 votes.
“Please take this letter as confirmation to dissociate myself from the unusual and strange supplementary nomination of my humble self as running mate to Alhaji Yahaya Bello, this also serves as a notice of rejection of the purported and illegal nomination of myself as running mate to Alhaji Yahaya Bello,” Faleke wrote in the letter to Odigie-Oyegun.
He said it would amount to a betrayal of trust and injustice on the part of the party to pick Bello who, according to him, joined forces with the Peoples Democratic Party (PDP) against the APC during the election, as the inheritor of all the late Audu and himself put into the campaigns to ensure victory for the APC.
Besides, Faleke faulted the APC for attempting to shave his head behind him, claiming that no one consulted him before his name was forwarded as running mate to Bello.
The letter reads: “I wish to put it on record that I was neither consulted by anybody before my name was submitted as running mate to a man who has since the conduct of primaries, abandoned the party, took the party to court, worked for the PDP, thereby causing our party to lose his polling unit 80 votes to his ally party PDPs 116, repeating same feat at the Ward level with APC scoring 1,146 to PDP’s 2,058.
“While it is true that the said Alhaji Yahaya Bello participated in our party primaries, its trite that party primaries are conducted to produce a candidate and once a candidate is produced, the congress, being an ad-hoc tool for that purpose, should automatically extinguish.
“It is clear from this injustice, that our party is on the path of rewarding disloyalty and discourage loyalty through this act of impunity for which we all fought the PDP.
“It may also interest you Mr. Chairman Sir, that the said Yahaya Bello, since the conduct of the primaries, had been aloof from party activities as it is on record that he did not attend a single meeting or campaign rally of the party.
“Mr. Chairman Sir, I am sure that it is neither in your interest, nor that of the party in particular and the public in general to lord an illegality on the people of Kogi State.
“Please, take note that I am not interested in surrendering the mandate the people of Kogi State bestowed on the Audu/Faleke joint ticket at the November 21 poll as I remain the governor-elect.
“I believe in the leadership of our great party to resolve this in the shortest possible time, failure upon which I shall be forced to seek redress in the court of law.”
In his latest letter, Faleke restated his position as contained in two letters last Thursday from his cousel, Chief Wole Olanipekun to the APC national chairman and the Chairman of the Independent National Electoral Commission (INEC), Prof Mahmood Yakubu.
In all the letters, Faleke mainted that the idea of a supplementary election should not arise because the APC had already won the governorship slot by polling 240, 867 to beat Governor Idris Wada of the PDP who polled 199, 514.
He said there was no truth in the belief that the outstanding votes could sway the poll’s results, adding that only 25,000 of the 49, 353 registered voters from 91 units from 18 council areas where the supplementary election would take place have their Permanent Voter Cards (PVCs), pointing out that the PDP would still be trailing the APC even if it garners all the outstanding votes.
Faleke’s letter, titled: “Re:My purported nomination as deputy governor,” reads: “Information at my disposal from the National Secretary of our party, the All Progressives Congress and my telephone conversation with your good self, confirmed to me that the party had issued INEC form and submitted my name as running mate to Alhaji Yahaya Bello in the forthcoming unusual and strange supplementary election scheduled for 5th December, 2015, covering 91 polling units in Kogi State to elect a “supplementary governor”.
“Mr. Chairman, you may recall that an election was conducted on the 21st November 2015, in which I was running mate to the late Prince Abubakar Audu: I therefore remain fully committed to that joint ticket which received the blessings of the party leadership, including your good self, evident from your attendance at the campaign rallies to ensure total victory for your great party through which the people of Kogi State massively and overwhelmingly voted for us.
“Following the demise of my principal after the announcement of results from the polling units, wards, local government areas and the state, our party had highest number of votes of 240, 867 against PDP’s 199, 514, thus creating a difference of 41, 353 votes between the two leading parties. On the strength of this, I hereby state clearly that I remain the governor-elect of Kogi State on the platform of our great party.”
