Justice Gabriel Kolawole of a Federal High Court sitting in Abuja yesterday cleared the way for the Independent National Electoral Commission (INEC) to conduct today’s supplementary governorship election in Kogi State.
Justice Gabriel Kolawole on Friday while delivering judgment in five consolidated suits filed by Governor Idris Wada of the Peoples Democratic Party (PDP) and James Faleke, Deputy Governorship candidate of the All Progressives Congress (APC), in the inconclusive election struck out all the five suits initiated to stop the supplementary election.
While Wada and Faleke urged the court to declare them winner respectively following the death of the APC governorship flagbearer, late Prince Abubakar Audu, shortly after the November 21 poll, other plaintiffs in consolidated suits, Emmanuel Idakwo, John Jacob Usman and Hon. Raphael Igbokwe in their various suits, asked the court to compel the electoral body to conduct fresh election in the state.
The judge said from the processes filed by the plaintiffs, there was no dispute in the fact the November 21 governorship election that held in the sate was substantially conducted and results announced when the candidate of the APC tragically died.
Justice Kolawole also held that it was not also in dispute that the deceased APC candidate was leading by over 41,000 votes when he passed away.
He also held that there was no dispute in the fact that Wada scored second highest votes and Faleke was having a joint ticket with Audu and were coasting home to victory.
From the undisputed facts, he held that the Kogi governorship election had been substantially conducted by INEC and that by that, the only appropriate place for aggrieved contestants in that election is the State Governorship Election Tribunal to ventilate their anger.
He said it would amount to an exercise in futility for the court to go into the merits of the matter when the undisputed facts supplied to the court through the processes filed have proven beyond doubt that the suit was a post-primary election which can only be adjudicated upon by a tribunal that will be set up by the appeal Court President in line with section 182 of the Constitution.
Justice Kolawole consequently struck out the suits. “Let me state here that the hands of the court are not tied but that the court cannot go into the merits of the five suits because of the glaring facts that this court has no jurisdiction.”
It will be recalled that Faleke had in separate suits approached the court seeking to declare them winner of the November 21 governorship election.
Wada and his party, Peoples Democratic Party PDP, had filed an application before the Court praying it to declare Wada as the winner of the November 21 elections, having scored the second highest votes after the deceased candidate of the All Progressives Congress APC, Prince Abubakar Audu.
Faleke on his own asked the court to declare him winner of the said poll on ground that he is having a joint ticket with the late Audu.
Three other plaintiffs Johnson Usman, Emmanuel Daikwo and Emmanuel Igbokwe had also in separate suits asked the court to conduct a fresh governorship election in the state. The court had on Tuesday consolidated all the four suits, but added the one filed by Faleke Thursday.
