Incontrovertible Proofs That Yahaya Bello Was Invalidly Nominated for Dec. 5 ‘Supplementary’ Election – Adamu Ojonugwa

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On Wednesday, 27th January, 2016 Kogi State will create a new world record of swearing in the FIRST SUPPLEMENTARY GOVERNOR IN WORLD HISTORY.

January 2012, we made history as the First State to swear in two different persons as governors on the same day. Kogi is always the guinea pig for absurd political experiments by Nigerian politicians. I will not be surprised if the President of the Federal Republic of Nigeria wakes up one day and appoint a Special Assistant to the President on Kogi Affairs to take over governance in Kogi State. They believe any illegality committed in Kogi State will go unnoticed. Today, the glaring undemocratic actions in Kogi state are not of concern to national, continental and global ‘defenders of democracy’.

Kogi State approached the all-important November 21, 2015 governorship elections with zest, optimism and yes, fears. We took our destinies in our hands and over four hundred thousand voters thronged their respective polling units to elect their preferred governor and deputy governor. Loss was starring some candidates in the face while a particular candidate was celebrating expected victory but death struck and took away our Prince Abubakar Audu. The Independent National Election Commission, INEC, after series of curious ‘breaks’ in between the announcement of results, announced that the election was ‘inconclusive’. Subsequently, INEC fixed Saturday, December 5, 2015 for ‘supplementary election’.

The All Progressives Congress, APC, working on the advise from the Attorney General of the Federation, Mr Abubakar Malami, SAN, replaced Late Audu with Alhaji Yahaya Bello as her candidate for the December 5, 2015 ‘supplementary election’. It will be recalled that Justice Gabriel Kolawole of Abuja High Court, in his 20-page judgement on December 4, 2015 reasoned that APC “…may have been led or perhaps, misled by the partisan or otherwise legal opinion or advice of the Attorney General of the Federation…” to substitute its late governorship candidate who already had a deputy in waiting.

The legitimacy of APC’s decision to prop up Alhaji Yahaya Bello as candidate for the ‘supplementary election’ has been a cause of concern for many in Kogi State. But, I wish state with facts that Alhaji Yahaya Bello’s nomination as governorship candidate for December 5, 2015 ‘supplementary election’ was and still remain invalid.

  1. Without a running mate, a nomination of a Governorship candidate is INVALID.

“First, let us ponder and soberly reflect on the mandatory provision of section 187(1) of the Constitution providing in crystal clear terms and language that ‘…a candidate for the office of Governor of a State shall not be deemed to have been validly nominated for such office unless he nominates another candidate as his associate for his running for the office of Governor..’”

All sincere Nigerians know as a matter of fact that Alhaji Yahaya Bello participated in the supplementary election on 5th December, 2015, as the candidate of APC in just 91 polling units without an associate or running mate. Simply put, Alhaji Yahaya Bello was NOT qualified to contest the election.

Hon. James Abiodun Faleke who was originally running mate to the late Prince Abubakar Audu declined to run as ruining mate to the 1st Respondent as clearly spelt out in his letter dated 27thNovember, 2015 addressed to the Chairman of INEC.

  1. INEC’s Stand That Faleke Was Yahaya Bello’s Running Mate is Flawed as Faleke Himself was Invalidly Nominated.

While legal experts queried INEC on the invalid nomination of Alhaji Yahaya Bello because of the absence of a running mate, the electoral umpire said as far as they were concerned, James Abiodun Faleke is still the running mate. In the first place, even Hon. James Abiodun Faleke was not a valid running mate to late Prince Abubakar Audu much less Alhaji Yahaya Bello.

Hon. James Abiodun Faleke is presently a second term member of House of Representatives representing Ikeja Federal Constituency, Lagos State. All along, Hon. James Abiodun Faleke was a registered voter in Lagos, Lagos state where he once served as elected Chairman for Ojodu Local Council Development Area of Ikeja Local Government Area.

Under Federalism that is entrenched in the Constitution of the Federal Republic of Nigeria, 1999 (as amended), Hon. James Abiodun Faleke cannot simultaneously contest election or aspire to represent two different Constituencies in two different states, namely, Lagos and Kogi States at the same time.

Since Hon. James Abiodun Faleke was ordinarily not a valid running mate to late Prince Abubakar Audu, he couldn’t have been validated the Yahaya Bello ticket. A check on certified true copies of INEC’s Form CF001 filled and submitted by Hon. James Abiodun Faleke to INEC in relation to office of House of Representatives seat for Ikeja Federal Constituency is enough evidence.

The sad truth is that APC did not have any valid candidate or running mate for the office of Governor Kogi State in respect of governorship election held on 21st November, 2015 and the contentious December 5, 2015 ‘supplementary election’.

  1. Yahaya Bello is Not a Registered Voter in Kogi State

Though we read in the news that efforts are being made to ‘manufacture’ a new, but backdated Permanent Voters’ Card, PVC, for Alhaji Yahaya Bello, but the gospel truth is that our beloved Alhaji Yahaya Bello did not register as a voter in his ward at all. He is not capable of voting and being voted for or having the right to vote and be voted for in respect of Governorship election in Kogi state.

For avoidance of doubt, Alhaji Yahaya Bello’s unit is Open Space at Asubo Area polling unit 011 of Okeneba/Agassa/Ahachi ward 07 in Okene Local Government Area of Kogi state. Anyone in doubt can approach INEC for copies of voters register in the unit, ward and/or local government.

While we await decision from the Tribunal and higher courts, I call on all lovers and true defenders of democracy to conduct independent inquiry into my claims and rise up to defend Nigeria’s fledging democracy.

–  Ojonugwa Adamu writes from Lokoja

P.S: I will write another piece on this undemocratic scenario playing out in Kogi State focusing on the ‘Votes Inheritance’ episode.


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