The presiding judge in the
four suits challenging the
outcome of the governorship
election, and the scheduled
supplementary election,
Gabriel Kolawole, said he
struck out the suits for lack of
jurisdiction.
Mr. Kolawole, presiding over
the suits at the Federal High
Court Abuja, affirmed the
powers of the Independent
National Electoral
Commission to conduct the
two elections and said he
decided to strike out the suits
to provide a judicial and
permissive environment for
the electoral body to conclude
the election.
The judge said he had
considered both written and
oral addresses of all counsel
to the parties in the
consolidated cases and came
to the conclusion that all the
“issues raised are those that a
governorship election
tribunal should look at
holistically”.
He also said the court did not
decide on the merits of the
cases owing to the lack of
jurisdiction, adding, “where
this court has jurisdiction, it
would dispense justice to the
parties in the suit”.
The judge had earlier
highlighted the cases that
were consolidated to include
the one filed by the deputy
governorship candidate of
the late Abubakar Audu of All
Progressives Congress, James
Faleke, with suit number
FHC/ABJ/CS/977/2015.
Mr. Faleke asked the court to
both declare the decision of
INEC to conduct a
supplementary election as
null and void and announce
him the governor-elect of
Kogi state.
Another suit filed by
incumbent Governor Idris
Wada of the Peoples
Democratic Party with
number FHC/ABJ/
CS/962/2015 was asking the
court to compel INEC to
declare him winner of the
November 21 election, on the grounds
that he scored the second highest votes
after the late Mr. Audu.
The third suit FHC/ABJ/CS/973/2015 that
was filed by Emanuel Daiko, candidate
the People for Democratic Change, who
wants the court to stop the
supplementary election and remove the
APC from the list of participating
political parties having lost its candidate.
The fourth suit filed by one Raphael
Igbokwe was asking the FHC to simply
annul the election and order a fresh one.
Mr. Kolawole said after the adoption of
written addresses on December 3,
counsels agreed on five facts, which
include: that the current constitution of
Nigeria does not recognize an
independent candidate for any election;
that each governorship candidate must
be sponsored by a political party and
that a governorship candidate must
emerge from a primary election.
He also said another fact that emerged
was that every governorship candidate
must have a deputy to run as a joint
ticket and that both the Constitution and
the Electoral Act provide for a timeline
in which elections must be held.
Mr. Kolawole said the present scenario
emerged, not because of the death of late
Mr. Audu, but because the November 21
election was declared inconclusive.
Mr. Kolawole said having listened to all
the submissions by counsels, he
pondered over “which of these reliefs
being sought can be entertained by the
Federal High court?”
He said going ahead to grant the reliefs
would amount to “judicial anarchy” and
that only a competent tribunal can do so.
“Once electorates have gone to vote,
anything else can only be heard by
tribunals,” he said.
The judge blamed the political class for
rushing to the Federal High Court or
State High Court to seek for elections to
either be annulled or re run.
“Majority of the political class are bad
losers, except for one or two examples.
For instance, former Governor Kayode
Fayemi of Ekiti and former President
Goodluck Jonathan. Both of them in my
view are men of exemplary character,”
he said.
Mr. Kolawole also stated that his review
of submissions by counsels revealed that
the fourth defendant, the INEC, may
have been led or misled by a “partisan
or otherwise legal opinion” of the
Attorney General of the Federation, AGF.
The AGF, immediately after the death of
Mr. Audu, advised INEC to allow the APC
replace its dead candidate.
Mr. Kolawole said to prove the partisan
status of the AGF, he was sued as a
defendant in three of the four cases
under consideration “in a contest that is
not an exclusively APC affair, but multi
party/public interest.
“It was not a matter which involved the
exercise of governmental power
conferred by the constitution on any
organ or institution of the Federal
government of Nigeria,” he said.
“The fact that he publicly advised INEC
further saturated the political situation
that got the fourth defendant to conduct
the supplementary election and directed
the third defendant; that is APC, to
substitute its late governorship
candidate, who already had a deputy in
waiting,” he said.
He said it will amount to an act of
“judicial indulgence” if the court,
without jurisdiction to make affirmative
pronouncement, declares the incumbent
governor as having been duly re-elected
even though he had the second highest
votes cast, or to cancel the election or to
stop the supplementary election.
He also said there was no need for him
to proceed further with judicial
consideration of all the three matters
under saying “to do so would put the
governorship tribunal in some
difficulty” when eventually, the
contestants to the supplementary
election fixed for December 5 come
before it.
Mr. Kolawole said the tribunal was best
suited to entertain all the issues because
they are issues relating to post primary
and elections proper.
The judge said the primary goal of his
judgment is to “to diffuse the dark cloud
of doubt” regarding the validity of the
Kogi elections.
Mr. Kolawole also said his judgment
cannot be used before the tribunal
whenever it is set up because the court
has not decided on the consolidated
cased based on their merits.

http://www.premiumtimesng.com/news/top-news/194460-kogi-election-partisan-attorney-general-may-have-misled-inec-judge.html

I can't read this long write up, but all I can say is that APC owns the day! Stamped and approved by God

managermahmud:
I can't read this long write up, but all I can say is that APC owns the day! Stamped and approved by God

You couldn't read it because you guys were known to never read details of post that doesn't scream "Change change change!" Evil conductors!

jcmaiah:

You couldn't read it because you guys were known to never read details of post that doesn't scream "Change change change!" Evil conductors!

no mind am, that election will still be cancelled, especially now that faleke is not part of it.

and directed the third defendant; that is APC, to substitute its late governorship
candidate, who already had a deputy in
waiting


Even without making express orders, the judge already sums up the fact of the case. INEC and APC were misled by a partisan AGF to substitute their candidate illegally. Those celebrating should read the opinion of the judge and get a good understanding of what happened yesterday. The election tribunal will definitely do justice in this case.

seunmsg:
and directed the third defendant; that is APC, to substitute its late governorship
candidate, who already had a deputy in
waiting


Even without making express orders, the judge already sums up the fact of the case. INEC and APC were misled by a partisan AGF to substitute their candidate illegally. Those celebrating should read the opinion of the judge and get a good understanding of what happened yesterday. The election tribunal will definitely do justice in this case.

The judge has already decided the case brought before him, any statement is just a mare rhetorics. He should allow the tribunal to decide on the other matters. If he is bent in supporting any party thereafter, nobody stops him from becoming a lawyer so as to lead the legal team of whoever he supports.

Realisticman:

The judge has already decided the case brought before him, any statement is just a mare rhetorics. He should allow the tribunal to decide on the other matters. If he is bent in supporting any party thereafter, nobody stops him from becoming a lawyer so as to lead the legal team of whoever he supports.

At least, we can infer the direction that the case will go by looking at the Judge's opinion.

What are the prayers of the parties before His Lordship?

An exhaustive reading of this case will be a very good idea. I wish the parties a very tough legal tussle ahead cos the game just begun.