The gubernatorial candidate of Democratic People’s Congress, DPC, Mr Philip Koleola, has approached the Federal High Court, Abuja to declare the nomination of Governor Yahaya Bello as null and void in view of section 187 (1) of the Nigerian constitution for not being nominated alongside with a running and among other prayers.
Koleola had filed the case before Justice Gabriel Kolawole on 1st December, 2015 ahead of the supplementary election that was conducted in Kogi State by the Independent National Electoral Commission, INEC. While other cases challenging the conduct of supplementary election were consolidated, heard and judgement delivered, Koleola’s case is still alive.
However, Koleola wrote a petition through his counsel, Barrister Olowookere, requesting for the matter to be assigned to a new judge. Justice Kolawole has ruled himself out of the case in view of the petition.
Speaking with Kogireports on the matter, the media aide to Koleola, Mr George Adeyemi, argued that the mandatory provision of section 187(1) of the Constitution provides 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.
“Alhaji Yahaya Bello was invalidly nominated for the curious supplementary election as he participated in the supplementary election on 5th December, 2015, as the candidate of APC without a running mate”, he said.
“The whole world is aware that Mr. James Faleke, who was running mate to the late Prince Abubakar Audu, wrote INEC notifying her of his firm decision not to run as running mate to Bello. He legally withdrew from the questionable race. APC did not replace Faleke, neither was another name submitted to INEC as running mate.
“I can tell you authoritatively that the nomination form submitted by APC to INEC had only the name of Yahaya Bello on it while the space for the name of his running mate was blank
“As it stands, Yahaya Bello is just on an absurd orientation course in Kogi government house as the illegality that brought him on this unfortunate course cannot stand the laws of any sane country
Hearing of the suit is expected to resume as soon as the case is assigned to another judge.