Counsel to the immediate past Governor Idris Wada of Kogi state, Chief Chris Uche SAN, has urged the Appeal court panel sitting in Abuja to compel Independent National Electoral Commission, INEC, to withdraw the certificate of return erroneously given to Governor Yahaya Bello and handover same to Wada.
According to him, Yahaya Bello of APC, after his substitution at the supplementary election, scored 6,885 as against over 500,000 votes cast at the November 21st governorship election. He urges the court to declare Captain Idris Wada of PDP winner of the Kogi Governorship election on the ground that he is most qualified to run the election and scored the highest number of votes as a candidate in the said election.
Chief Chris Uche argued that the provision of section 182, 177 of the electoral act dwells extensively on the issue of qualification and disqualification of a candidate beyond the scope of a political party, saying the purported declaration of INEC in Kogi governorship election has done a colossal damage to the polity.
The counsel to Governor Wada stated that the tribunal gave judgement that legitimized the adoption and inheritance of votes along with wives and assets of late Prince Abubakar Audu and willed it legally to Governor Yahaya Bello, a decision that is alien to Nigerian constitution and require the Appeal court panel of Judges to shed more light, saying the Supreme Court ruling on Amaechi/Omehia being referred to by respondents are inconsequential.
Chief Uche argued strongly that for the first time in Nigeria, a governorship candidate participated in an election without a running mate up till the date of swearing in. He queried the tribunal judgement that insisted that James Abiodun Faleke remained deputy governor during the supplementary election does not hold water. He challenged the electoral umpire, INEC, to make available expression of intent form filled by Governor Yahaya Bello to enable the Appeal court unravel his deputy governorship candidate which was in breach of the electoral act and the constitutional provision.
In a heated argument, lead counsel to Governor Yahaya Bello, Joseph Daudu SAN, maintained that votes cast in an election is for the political party and had since been settled by the Supreme court.
Alex Izinyon SAN, counsel to INEC, urged the court to dismiss the Appeal
The Appeal after hearing the arguments from all the counsels reserved judgement till a date to be announced.
