Tribunal dismisses Faleke’s petition against Kogi gov

Ade Adesomoju and Gbenga Odogun

The Kogi State Governorship Election Petitions Tribunal sitting in Abuja on Monday dismissed the petition by the deputy governorship candidate of the All Progressives Congress in the November 21, 2015 poll in the state, James Faleke, challenging the election of the incumbent Governor Yahaya Bello.

The three-man tribunal led by Justice Halima Mohammed held that Faleke had no locus standi to challenge Bello’s election having never been sponsored by his party, the APC, as a governorship candidate in the November 21, 2015 election or the December 6, 2015 supplementary poll.

“The petition lacks merit and it is, therefore, dismissed,” the tribunal ruled.

Faleke was the running mate to the APC’s former governorship candidate, the late Abubakar Audu, who was coasting to victory but died after the November 21, 2015 election was declared inconclusive by the Independent National Electoral Commission.

Faleke had filed his petition asking the tribunal to declare the emergence of Bello as the governorship candidate following Audu’s death in the December 6, 2015, as unlawful, null and void.

He urged the tribunal to declare that the election was already conducted and concluded on November 21 before Audu’s death, and that he had already emerged as the deputy governor-elect.

He, therefore, asked the tribunal to declare him as the valid substitute for the late Audu and should be returned as the governor-elect.

But delivering its judgment on Faleke’s petition, the tribunal held that contrary to Faleke’s contention, the November 21 poll had not been concluded and thus the right had not accrued to him to step into the late Audu’s shoes going by the provision of section 181(1) and (2) of the constitution.

The tribunal held that it was the Independent National Electoral Commission that was charged with the responsibility of declaring an election conclusive or inconclusive.

The tribunal held, “The provisions of section 181 of the constitution contemplate only a situation where a declaration has been made and the governor-elect and deputy-governor-elect have been returned.

“It is, hereby, observed that the situation where the petitioner can step into the late Abubakar Audu’s shoes has not arisen in the instant case.

“And there is no evidence before the tribunal that the petitioner had been declared deputy governor-elect.

“Section 181 of the constitution does not contemplate a situation when none of the candidates who participated in the election has been returned.”

Earlier in the judgment read by Justice Mohammed, the tribunal had upheld Bello’s preliminary objection to the effect that Faleke lacked the legal capacity to file the petition, holding that the November 21 election which he claimed to have won was inconclusive as declared by INEC.

It added that Faleke was never nominated by the APC as its governorship candidate for the December 6 supplementary poll.

It also held that the issues contended by Faleke bordered on the power of a political party to nominate its candidate, a decision which Justice Mohammed ruled that the tribunal lacked jurisdiction to interfere with.

The tribunal added that Faleke, having not participated in the said primary, lacked the locus standi to challenge Bello’s nomination by the party.

“The complaint must be by those who participated in the primary,” the tribunal ruled.

It added that going by the Supreme Court’s decision on supplementary election in the case of the Peoples Democratic Party Vs Rochas Okorocha, the votes polled on November 21 belonged to the various political parties thus, the APC had the right to replace its candidate upon Audu’s death.

It also held that there was evidence that Bello participated in and emerged as the first runner-up in the primary from which the late Audu emerged as the party’s candidate.

Reacting to the tribunal’s verdict Bello said it was a victory for democracy and the people of the state.

Bello said, “The decision of the court has further justified my election as the governor of Kogi State. The victory belongs to the people of Kogi State, our party, the APC and the lovers of democracy across the nation.”

Meanwhile, the tribunal would on Tuesday deliver its judgment on the petition of the Peoples Democratic Party’s candidate in the election, the then incumbent governor Idris Wada, who is also challenging Bello’s return as the winner of the election.

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