FEDERAL HIGH COURT DECIDES TOMORROW WHETHER KOGI STATE SUPPLEMENTARY GOVERNORSHIP ELECTION HOLDS

JUSTICE

The Abuja Division of the Federal High Court would tomorrow, Friday determine whether or not the Independent National Electoral Commission (INEC) would still conduct the Kogi State governorship election fixed for December 5, 2015.

It would be recalled that INEC had decided that it would conduct supplementary elections in 91 polling units to conclude the Kogi State’s gubernatorial election which was declared inconclusive even before the death of the All Progressives Congress (APC) candidate, Abubakar Audu, who was leading from the votes counted.

Meanwhile the court had four separate suits challenging the legality of the scheduled inconclusive election and is desirous of taking a position on the matter so that INEC will not conduct the election under a grave shadow of doubt as to the legal or constitutional validity.

Justice Kolawole joined the four suits together and persuaded the plaintiffs’ lawyers to identify three central issues for the court to determine. Whereas the first suit is by the Kogi State Governor, Captain Idris Wada, the second suit is by the governorship candidate of the People for Democratic Change (PDC), Hon. Emmanuel Daikwo. The third suit was filed by a legal practitioner, Johnson Usman, while the fourth suit was filed by two plaintiffs, a member representing Ahiazu Ezinaehitte Mbaise Federal Constituency of Imo State in the National Assembly, Hon. Rafael Igbokwe, and Stephen Wada Omaye, an electorate from Omala Local Government Area in Abelijukolo Ife of Eche ward in Kogi state. Whereas, Wada had prayed the court to declare him winner of the exercise, the other plaintiffs are seeking the cancellation of the election as well as an order compelling INEC to conduct a fresh poll.

In line with the court’s directive, counsels to all the plaintiffs, led by Goddy Uche (SAN), from their suits streamlined the three issues to be determined to include:

“Whether having regard to the provisions of sections 31(1)(2)(4)(5)(6)(7) and (8), 33, 34, 36, 85 and 87 of the Electoral Act, 2010, as amended, as well as sections 178-181 of the constitution of the Federal Republic of Nigeria, as amended, INEC, can lawfully conduct a second/supplementary election into the office of Governor of Kogi state on December 5, 2015, or any other date at all let alone accepting the nomination/substitution by the APC of any candidate on the basis of votes computed and credited to the deceased candidate of the APC when the new or substitute candidate was not part of the original election.”

 These are the issues that would be the subject of tomorrow’s judgment.