At last, the Kogi State Governorship Election Petitions Tribunal headed by Justice Halima Mohammed, has begun sitting. Cases at the tribunal include the intra-party dispute between candidates of the All Progressives Congress (APC) Hon. James Abiodun Faleke and the victorious substitute governorship candidate, Alhaji Yahaya Bello, over who should inherit the votes scored by the demised flag bearer, Prince Abubakar Audu. The incumbent, Captain Idris Wada of the Peoples Democratic Party (PDP), has also sent in his petition, praying to be declared as the rightful victor in the election.
At its sitting in Lokoja, last Thursday, the tribunal refused prayers by a petitioner to put on hold the planned inauguration of Bello on January 27, 2016 as the governor. The motion ex-parte filed by the Labour Party, averred that swearing in Bello before the determination of issues surrounding his emergence as candidate and winner of the election, would render the case hopeless and as an exercise in academic inquiry. Counsel to the petitioner, Mr. Reuben Egwuaba, contended that he was seeking the leave of the court to “hear the motion on notice restraining Bello from presenting himself before the Chief Judge of the state, Justice Nasiru Ajanah, for the purpose of swearing-in as governor of the state”.
The petitioner/applicant alleged that not having a valid running mate during the supplementary election in which he participated, following his nomination as replacement for the APC flag-bearer; constitutionally disqualified Bello from standing for the election. Egwuaba noted that Audu’s running mate, Mr. James Faleke, officially dissociated himself from participation in the supplementary election as Bello’s running mate after Bello was nominated to replace Audu.
However, dismissing the matter, Justice Mohammed ruled that LP’s application was incompetent, asserting that “the application to hear the matter outside the pre-hearing session ought to have come by way of motion on notice since an earlier motion exparte for substituted service of the petition on Bello as first respondent in the petition was granted.”
As the tribunal proceeds with the pre-hearing session and into the real hearing, issues pertaining to the conduct of the supplementary election, substitution of the APC governorship flag-bearer, Bello’s running mate, the propriety or otherwise of declaring the election inconclusive and holding a supplementary poll instead of outright cancellation of the exercise; would feature.
But one thing remains clear from the Kogi governorship imbroglio, Bello would be sworn-into office as governor on January 27. Next to that fact is that he would go into history as a governor that became elected by supplementary, not substantive votes and without a deputy, too. How far the constitutional flimsy lasts depends on how long the matter is determined at the Supreme Court, which in the instance of governorship election petitions, is the last adjudicatory bus stop.
It would also be seen whether Faleke, without filing his name and that of his assumed running mate, the son of Prince Abubakar Audu; was qualified for the supplementary poll that produced a winner.
Already analysts have been trying to contrast the Kogi election and that of Bayelsa, both of which suffered inconclusive procedures. But while Kogi had results announced for all the polling units, wards and local government areas, in Bayelsa one local government council and some polling units were either cancelled or without voting. Kogi and Bayelsa were keenly contested but at the first poll Audu of APC won in 16, while the incumbent and PDP flag-bearer, Wada, won in just five namely, Dekina, Mopa-Amuro, Okene, Ogori-Magongo and Omala
Credit: Gaurdian
