Justice Abdul Kafarati of the Federal High Court, Abuja is set to hear the two suits against Kogi State Governor Idris Wada tomorrow, February 9.
The winner of the 9th January 2011 Peoples Democratic Party (PDP) primaries, Alhaji Jibrin Isah Echocho and a governorship aspirant, Oyebode Makinde, are challenging the swearing-in of Wada as governor.
Echocho had won the PDP guber primary before the Independent National Electoral Commission (INEC) postponed elections in five states including Kogi.
The action followed an Abuja Federal High Court’s verdict which held that the tenure of the five governors is beyond May 29, 2011 having won re-run elections. When the commission released a new date for the election, Kogi PDP conducted another primary election in September in which Wada emerged as the winner.
Echocho is asking for an order setting aside Wada’s swearing in and for an order directing INEC to conduct a fresh election pursuant to the January 27 judgment of the Supreme Court.
He also wants a declaration that INEC which is an institution established by the Constitution is under a duty to obey and comply with decision of the Supreme Court delivered on January 27, 2012.
He is asking the court to declare that INEC being the appellant in Appeal No: SC/357/2011 between INEC(as appellant) V Alhaji Ibrahim Idris (as respondent) which prayed the Supreme court to decree and declare that the term of office of the last holder of the office of Governor of Kogi state constitutionally lapsed on May 28, 2011 by the virtue of Section 180(2) of the Constitution and which appeal/reliefs the Supreme court allowed cannot rightly and in good conscience be heard and allowed to jettison or misinterprete in any way the said judgement of the Supreme court to again defeat the clear wordings of Section 180(2) and (2A) of the same Constitution.
He also wants the court to declare that purported election to the office of Governor of Kogi State held by the defendant during the pendency of its appeal to the Supreme court in Appeal SC/357/2011 and which purportedly produced the 2nd defendant as Governor-elect of Kogi state was unconsciable, unconstitutional, null and void and of no effect whatsoever.
He is praying the court to declare that the election that brought Wada in was done in violation of the mandatory provisions of Section 178(2) of the Constitution, Section 25(8) and 31(1) of the Electoral Act.
He is also praying the court to declare that the letter issued by the INEC on January 30,2012 directing Wada to be sworn in based on the December 3,2012 is contemptuous, null and void and of no effect.
Makinde is seeking a declaration that the 1st Defendant Order/directive that the 3rd Defendant be sworn in as Governor of Kogi State is unconstitutional, null, void and ultra vires.
That the 1st Defendant Order/directive that 3rd Defendant be sworn in as Governor of Kogi State when the 4th Defendant is discharging same function pursuant to section 191(2) of the Constitution of the Federal Republic of Nigeria is unconstitutional, null, void and ultra vires.
That the 3rd Defendant cannot hold himself out/or parade himself as the Governor of Kogi State and that the 1st Defendant is bound to conduct a fresh election into the gubernatorial seat for Kogi State based on fresh primary by the political parties.
