A Federal High Court has dismissed five
suits arising from the death of the All
Progressives Congress’ governorship
candidate in the November 21 election
in Kogi State, Abubakar Audu, clearing
the way for the Independent National
Electoral Commission to conduct the
supplementary poll scheduled for
Saturday.
Justice Gabriel Kolawole in two separate
judgments on Friday , held that the
court lacked jurisdiction to entertain the
five suits as the dispute had crossed the
“threshold” of matters for the court
since results in most of the polling units
had been declared.
The judge ruled that the suits qualified
as a post-election dispute that could
only be entertained by the election
petition tribunal which would be set up
by the President of the Court of Appeal
in line with section285(2) of the
Constitution.
He ruled that he had not decided the
cases on their merit, so “the issues can
be re-argued at the election petition
tribunal”.
The judge delivered the first judgment
on four consolidated suits, including the
one filed by the Peoples Democratic
Party’s candidate, the incumbent
Governor, Idris Wada.
In his suit, Wada sought to be declared
as winner of the November 21 poll being
the surviving candidate with the highest
votes.
But the rest of the suits consolidated
with it sought an order compelling INEC
to conduct an entirely fresh poll.
By his own suit, Faleke asked the court
to declare him the governor-elect on
the basis that the joint ticket which he
shared with Audu had already won the
election and in view of Audu’s death he
(Faleke) as deputy governor-elect,
should be declared the governor-elect.
The candidate whom the APC presented
to INEC as substitution for Audu, Alhaji
Yahaya Bello, was during the hearing on
Thursday joined as a party to all the
suits.
He opposed all the suits, arguing that
there was no basis to grant the prayers
sought by Wada, Faleke and the
plaintiffs in the rest of the three suits
