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 section 285(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.
Meanwhile, the Running mate to late Prince Abubakar Audu in the Nov. 21 governorship election in Kogi, Mr Abiodun Faleke, said he would appeal against Abuja Federal High Court’s ruling that it lacked jurisdiction over the case.
Faleke said in a statement in Lokoja on Friday that he would take the matter to the Appeal Court to get the mandate rightly given to him by the electorate in the state.
In the statement, Faleke , who ran the joint ticket with the late Audu on the platform of the All Progressives Congress, described himself as a marathon runner, saying that the judgment fell short of expectation.
Justice Gabriel Kolawole had declined ruling in a case brought before him on grounds that the court lacked the jurisdiction to entertain the matter.
Faleke appealed for calm among members of the All Progressives Congress and his supporters in the state, saying that the battle to get justice just begun.
He also condemned the attack on INEC office in Dekina Local Government Area, by yet to be identified hoodlums, describing it as barbaric and a desperate move to subvert the wishes of the people.
Christian Association of Nigeria (CAN), urged electorate, political parties and other stakeholders in the political crisis rocking the state to embrace peace.
A statement by the state branch of CAN called on the people to abide by the verdict of the appropriate authorities in the overall interest of the state.
The statement, signed by the state Chairman of CAN, Archbishop Emmanuel Egbunu, urged the youths to resist being used for narrow intents and shun all forms of violence.
Egbunu also called on Christians to earnestly pray and intercede for a peaceful resolution of the present political uncertainty over the state.
