Appeal Court Judgement: Is The Hand Of God Coming In For Kogi?

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The day, November 22nd 2015 is a day that has inclined itself into books of history and test of time. This day coincides as Sunday and was supposed to be a day of celebration for genuine supporters and stalwarts of the All Progressive Congress in Kogi state and Nigeria at large.

But, to the will of God, it turned the inverse as instead of celebrating the victory of Prince Abubakar Audu in the kogi gubernatorial election which its true winner and ideal successor is still in contention. The entire Kogi state and Nigeria was thrown into mourning following the historic death of the man of that moment-the prince of the Niger.

His death didn’t come as a shock to his family and friends only but unimaginable to many Nigerians and political observers whom were keenly following events in Kogi state. This threw INEC into confusion, exposed the porosity of man-made laws (constitution) and created a lacuna never witnessed before in any democracy all over the world. The
news of his death which came barely an hour after INEC had declared the ongoing election inconclusive created more confusion on what to be done ahead of a supplementary election which has become eminent in view of the inconclusiveness of the election.

Instead of instantly consulting the supremeĀ  court of Nigeria for bailout jurisprudence, INEC, the electoral umpire called on the attorney general of the federation who is an unarguable appointee of the APC led federal government and he, in his own wisdom gave INEC a go ahead to substitute candidate without consulting the apex Court too.

Of course, right about this time, the interest game started as it was already glaring that the APC will clinch the governorship going by the facts and figures available from the inconclusive election. Hence, the beginning of the political imbroglio happening in Kogi state.

The national hierarchy of the APC met and after series of deliberation and legal tendencies adopted Alhaji Yahaya Bello who was the second runner up to the late Prince during the parties primaries. His nomination received stern opposition and resistance from within and outside the party on the basis of alleged anti party activities, hitherto lack of commitment to party success and alleged defection at the backdrop of primary election. This having not gone well with Hon James Abiodun Faleke who was Audu’s running mate, he pulled out of the ticket and like his aggrieved counterpart in other political parties. He crossed his hands in anticipation of the election aftermath to file petitions to the election tribunal.

A three man election petition tribunal was set up under the chairmanship of Justice Halima Mohammed. The tribunal was patronised by virtually all parties who tool part in the election and notable among the cases then were that of H.E Capt Idris Ichala Wada who challenged the eligibility of Yahaya Bello as well as the election result via a forensic report, also in the court was James Abiodun Faleke whose case was weather or not the November 21st election should have been declared inconclusive. Chief Goodman Akwu of the APGA was also not left out as he challenged INEC on grounds of party logo omission during the December 5th supplementary election.

The election petition tribunal hearings was very solemn from beginning and it caught an unprecedented media and local attention of its proceeding and events. The evidences, testimonies and cross examination sessions were so igniting that the Kogi social media air space became a court session with diverse contempts even before the
tribunal judgement.

However, in what appeared like a pre-planned judgement as alleged by many CSO’s and Political watchers. The
tribunal judgement went in favour of Alh Yahaya Bello in all the five cases brought before it.

Dissatisfied with the tribunal judgement, several parties involved approached the appellate court for a revocation and review of the tribunal judgement. With the outcome of tribunal judgement weakling the morale of supporters, there was a limited attention to the appeal court proceedings till it set aside date for judgements. Alas, the judiciary which ought to be the last hope of the common man no longer seem so as the appeal court judgement affirms the lower court (tribunal) judgement save Justice Ejembi who differs with his colleagues in the judgement of Capt Idris Ichala Wada as he prefers that the election be nullified, Yahaya Bello’s certificate of return be set aside and ordering INEC to conduct a fresh election within 90 days.

In as much as the majority judgement supersede his minority counter opinion, the cases will definitely not stop at the appeal judgement.

However, bearing in mind the words of Hon Barry Idakwo where he says “God doesn’t interfere in the affairs of man at the beginning nor at the middle but when the wisdom of man has reached its fullest”. I ask, is the hand of God coming in for Kogi? Well, the supreme judgement which shall be the final justice it is to tell. In the main time-there
is no victor or loser yet except the Rivers and Taraba judgements have been forgotten so soon. Moreover, Justice Ejembi’s objection calls for concern. The true winner shall only surface in the fullness of time.

– Comrade A. M. Nasir writes from Keffi, Nasarawa State.
naadejohs@gmail.com


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