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Kogi APC members insist on Audu/Faleke ticket

Some members of the All Progressives Congress (APC) from the Kogi East and Kogi West senatorial districts said on Saturday that they would not shift grounds on Audu/Faleke ticket.

The party leaders from Kogi East after a crucial meeting at Ayangba rejected the decision of the party’s national working committee to nominate Alhaji Yahaya Bello as a replacement for the late Alhaji Abubakar Audu.

Prof. Isah Daniel, Vice-Chairman of the party in the zone, told newsmen at the end of the meeting that the Audu/Faleke ticket “won the Nov. 21 governorship election with or without the result of the supplementary election.

“More than 6,000 votes scored during supplementary election are not enough to deny Audu/Faleke ticket; the mandate freely given to them before the election was declared inconclusive.

“All stakeholders and party loyalists from the nine local government areas in Igala land have, therefore, resolved to stand on Audu/Faleke.’’

In a similar development, traders under the aegis of the National Association of Market Women and Men of Nigeria, Kabba-Bunu Local Government, staged a peaceful protest to expressed support for the Audu/Faleke ticket.

At a rally held in Kabba on Saturday, market leaders, Mrs Felicia Aiyeromi and Mr Stephen Oladipupo, said in separate interviews that the traders had an understanding with Faleke before the election which made them to vote APC during the election.

They called on the leadership of the party to replace Audu with Faleke in the interest of justice and fairness.

Also, at a meeting called by the leader of the APC in Kogi West Senatorial District, Rep. Buba Jibril in Lokoja, stakeholders and leaders rejected the nomination of Bello as a replacement for Audu.

The leaders, in a communiqué issued at the end of the meeting, resolved that although Faleke might pursue litigation against the party over the nomination of Bello, party leaders should not foreclose peaceful negotiation.

December 12, 2015
APC to replace Faleke if peace moves fail, says Oyegun

The All Progressives Congress (APC) said yesterday that it would replace the late Abubakar Audu’s running mate, James Abiodun Faleke, if peace moves to placate him failed.

Faleke insisted that he would not be the deputy to Alhaji Yahaya Bello, the man brought as a replacement for Audu, who died before the election process was concluded.

APC National Chairman Chief John Odigie-Oyegun said there are consultations and negotiations to address the issues arising from the Kogi election and ensure that the Audu political family is accommodated in the Kogi State political affair.

He said: ”On the Faleke issue, it is rather a straightforward and easy issue. We have replaced a governorship candidate. If the need arises and subject to what the law says, we will also get a deputy governorship candidate. We will cross those bridges as they arise, but they have not arisen.

“Let me add that consultations to bring everybody back on board are ongoing. What we are saying is if all these fail, we are doing everything as a party because of the consciousness of the pain that Prince Audu’s political family is going through.

“We are doing everything to bend back and accommodate his political family in the developing situation. So, if we are able to strike a deal, a lot of what we are talking here may be irrelevant.

“I have had cause to say that we are a political party, but we are in a humane period of change. We deeply understand the frustrations that resulted from the death of our candidate, Prince Abubakar Audu.

“We are ready to bend to accommodate some of the immediate reactions, which are normal because the people involved are humans. They were at the gate of victory and all of a sudden, it was shut on their faces by the unfortunate death of their mentor, who would have been our governor.

“So, a lot of things which normally would not have been accepted, happened and we are ready to bend to accommodate, so long as we expect that everybody will simmer over time because life has to continue. So, bringing out the big stick in a situation like this is difficult, but there will be a timeline to it.

“They were at the gate of victory, but it was shut on their faces because of the unfortunate death of their mentor (Abubakar Audu), who would have been our governor in the state. So a lot of things, which normally we would not have accepted, happened, but we have to accept them so long that everybody will simmer down as time passes by. Bringing out the big stick in a situation like this may not be appropriate, but there will be a timeline to it, enough will be enough at a certain time.”

Oyegun also said the party was against the anti-social media bill before the Senate, as doing so was not in line with the provisions of the law. He added that nobody was allowed to gag the media, but should explore legal means to seek redress.

Oyegun said: “Officially, government has taken a position on the social media bill and once Mr. President speaks, that is it.

“But, the issue is still there that we seem to be using it a little bit excessively negative and I don’t know, your guesses are as good as mine as to how we can make it responsive in terms of positivity.

“We are doing this right, we get ideas as to what to do, but using it as a platform to insult people does not add to a solution to the problem. Some of the insults are too raw and so unnecessary and so uncivilised.

“But our position is that you don’t control the press. We can convince ourselves on some of the excesses which are totally unnecessary and uncalled for, but in terms of control, I don’t think anybody wants that type of solution.”

The APC chairman also spoke on last Saturday’s elections in Bayelda State, saying although the party had issues with the conduct of the election, it was waiting for the Independent National Electoral Commission to announce a date for the supplementary election.

Oyegun dismissed claims that the APC was behind the recent attack on protesting members of MASSOB in Onitsha, saying “Please perish that thought. What is the involvement of APC? Is MASSOB PDP? Why would the APC feel any desire to be involved in any way whatsoever?”

December 10, 2015
Faleke returns to House amid cheers

THE running mate to late Prince Abubakar Audu in the Kogi State governorship election, James Abiodun Faleke, returned to the chambers of House of Representatives yesterday to a warm reception from his colleagues.

On being sighted entering the chamber, Faleke was greeted with a round of applause from his colleagues.

He made straight to the Speaker, Yakubu Dogara, with whom he held a brief conversation.

After the meeting, Faleke made his way to his seat as he acknowledged greetings and cheers from his colleagues and others on the floor.

There was no show of strains of the electioneering rigours on the lawmaker, who was said to have transferred his voter card to Kogi to enable him participate in the election.

December 9, 2015
Faleke: I won’t be available as Bello’s deputy

Kogi State All Progressives Congress (APC) deputy governorship candidate Abiodun Faleke yesterday said he would not be available for swearing-in with Alhaji Yahaya Bello on January 27, 2016.

Faleke spoke at Kabba at a meeting of APC stakeholders from Kogi West senatorial district.

He said: “I will not disappoint Prince Abubakar Audu. I, James Abiodun Faleke, will not be there for the swearing-in if we don’t finish the case before the January 27, 2016.

“Nobody consulted me before making me a deputy to Bello. He too did not consult me. I have made my position known to the party leadership on this. I am not ready to betray and disappoint Prince Abubakar Audu.”

He exonerated President Mohammadu Buahri from the crisis.

Faleke warned the leadership of the party against setting it on a path of destruction through impunity and injustice, saying they should learn from what happened to the Peoples Democratic Party (PDP).

He said the present struggle was a complex one and beyond him, saying it was about emancipation of the people and the future of the state.

“People are fighting for 2019 in 2015. Are they God? What is happening is beyond human imagination.

“I am a marathoner, no matter how bumpy and rough the road is, we shall get there, “ he said.

December 8, 2015
I won’t be available for inauguration – Faleke

The All Progressives Congress (APC) deputy governorship candidate in Kogi State, Hon. Abiodun Faleke, has said he would not make himself available for swearing in with the governor-elect, Alhaji Yahaya Bello, on January 27, 2016.

Faleke, who stated this on Monday in Kabba during a meeting of APC stakeholders from Kogi West Senatorial District, said this statement followed his resolve not to work with Bello, a decision he communicated to the national leadership of the party some days ago.

The politician, who was reacting to resolutions reached at the meeting that he should pursue the legal option to its end, said the Audu/Faleke ticket remained intact and unchanged.

He said: “I will not disappoint Prince Abubakar Audu. I, James Abiodun Faleke will not be there for the swearing in if we don’t finish the case before the January 27, 2016.

“Nobody consulted me before making me a deputy to Bello. Bello too did not consult me. I have made my position known to the party leadership on this. I am not ready to betray and disappoint Prince Abubakar Audu.”

The tenure of the present administration ends on January 27, 2016.

He also exonerated President Muhammadu Buhari from the crisis, saying the President he knows cannot be a party to injustice and outright violation of rule of law.

December 7, 2015
…Wada, Faleke vow to appeal judgment

In two separate statements yesterday, both the candidate of the People’s Democratic Party (PDP) and incumbent governor of Kogi State, Capt. Idris Wada and the running mate of the deceased candidate of the All Progressives Congress (APC), Mr. James Faleke, vowed to appeal the judgment.

In a statement signed by his Chief Communication Manager, Mr. Phrank Shaibu yesterday, Governor Wada described the judgment as a beacon of hope for democracy.

The statement reads: “Our confidence in the judiciary remains unshaken. The letters and wordings of the judgment has given hope to the survival of democracy, especially coming at a time when some officials of key institutions of democracy such as INEC, who as electoral umpires are expected to be impartial unto death but have chosen to compromise their independence apparently under the dictates of an Attorney General appointed by a very desperate All Progressives Congress.

“While our lawyers are preparing their papers for an appeal, we call on all our supporters to remain calm and move to the field for the supplementary polls.

“We are confident that this clay-legged contraption when tested further in the courts will crumble like a pack of cards. Our democracy is truly on trial.

“Victory will surely come!”

Faleke, on his part, vowed to challenge the Federal High Court judgment for ruling in favour of the supplementary election scheduled for today by the Independent National Electoral Commission (INEC).

Faleke challenged Justice Gabriel Kolawole’s ruling, saying that he is a marathon runner and would continue to pursue his case at the Appeal Court level until he actualises the mandate rightfully given him by the people of Kogi State.

The Federal High Court, presided by Justice Kolawole, had yesterday ruled that it was only the yet to be constituted governorship election petition tribunal that has powers to entertain post election matters and therefore ruled that it lacked jurisdiction to stop the already scheduled supplementary election.

Faleke however insisted that the judgment was in bad faith and had trampled on his rights.

He urged his supporters to remain calm, as the battle to get justice had just commenced.

He condemned the attack carried out on the INEC office at Dekina Local Government Area, by yet to be identified hoodlums, describing it as barbaric.

Faleke had through his lead counsel, Chief Wole Olanipekun, asked the court to declare him the governor-elect in the November 21 election, since he was the running mate to the APC candidate, Prince Abubakar Audu, who died the next day.

He had also in a letter to INEC and the APC declined to be running mate to Yahaya Bello, who the party chose as replacement for Audu, saying that he should be declared governor-elect, since he was part of the joint ticket for the election.

December 5, 2015
Kogi poll: Wada, Faleke, Bello, to know fate today

A Federal High Court in Abuja will today resolve the dispute arising from the November 21 governorship election in Kogi State.

Judgment will be delivered in five suits arising from the disagreement over the poll declared inconclusive by the Independent National Electoral Commission (INEC).

The court will among others, decide whether or not INEC could proceed with its planned supplementary election scheduled for tomorrow.

Justice Gabriel Kolawole gave the indication yesterday after taking arguments from parties in the five cases which, with the agreement of lawyers in the cases, he consolidated and heard together.

The cases included the one filed by the Deputy Governorship candidate of the All Progressives Party (APC), James Abiodun Faleke, marked: FHC/ABJ/CS/977/2015, where he faulted the decision by INEC to declare the election inconclusive; asked the court to among others compel INEC to declare his joint ticket with the late Abubakar Audu, winner of the election and to restrain it (INEC) from proceeding with its planned supplementary election.

The second suit marked: FHC/ABJ/CS/962/2015, is by Governor Idris Wada and candidate of the Peoples Democratic Party (PDP) and his party where they want the court to compel INEC to declare Wada winner of the election, on the grounds that he is the only surviving candidate in the election who scored the second highest votes after the late Audu, the APC candidate.

The third suit marked: FHC/ABJ/CS/973/2015 was filed by Emanuel Daiko, who claimed to have contested the election as a candidate of the People for Democratic Change (PDC) and wants the court to among others hold the supplementary election is illegal, prevent APC from substituting its deceased candidate and to prevent APC from participating in the election on the grounds that it no longer has a candidate.

The fourth marked: FHC/ABJ/CS/958/2015, filed by Raphael Igbokwe (a PDP member of the House of Representatives from Imo State) and Stephen Wada Omaye wants the court to annul the election and conduct a fresh one. It has INEC and APC as defendants.

The fifth suit marked: FHC/ABJ/CS/952/2015 was filed by a Johnson Jacob Usman (who claimed to be an indigene of the state, a registered voter and a lawyer). He seeks among others, to compel INEC to suspend all actions in relation to the election pending the determination of the suit and a declaration that the election ought to be cancelled. It has the AGF and INEC as defendants.

Before entertaining arguments from parties, the court joined the APC’s substitution for Audu, Yahaya Bello and the African Democratic Congress (ADC) as defendants in the case.

Arguing yesterday, Faleke’s lawyer, Wole Olanipekun (SAN) stated that the court possessed the jurisdiction to resolve all issues raised in his client’s case. He said the case was not one for electoral tribunal because the plaintiff only requested the court to apply constitutional provisions in determining the various questions.

He argued that it was a provision of the Constitution that where a principal dies in an election contested with a joint ticket, the constitutional vested interest inures to the benefit of the running mate.

Olanipekun contended that INEC’s decision to declare the election inconclusive was not because Audu died, but because it voided elections in some 91 polling units in 18 Local Governments, where it now intends to conduct supplementary election. Relying on newspaper publication, noted that as at Novemeber24, INEC was reported to have denied knowledge of Audu’s death.

He argued that what his client wants the court to do was not to announce a winner, but like an order of mandamus, compel INEC to perform its statutory responsibility by declaring a winner in an election where results have been computed and announced.

Olanipekun argued that INEC lacked the power to issue the directive (as contained in its “public notice” of November 24, 2015) to the APC to substitute its governorship candidate in the election following the death of its earlier candidate, Abubakar Audu and that it would hold a supplementary election on December 5.

He described Yahaya Bello, who APC has now substituted Audu with, as an interloper, who wishes to usurp the interest of his client. He further argued that by Wada’s prayer to be declared winner on the ground that he was the first runner up, was an admission that the election was concluded and that there was the person who came first.

Responding, lawyers to INEC, APC and PDP, who are defendants in the case urged the court to dismiss it because all the prayers sought by Faleke could only be granted by election tribunal.

Adegboyega Awomolo- SAN – (for INEC) argued that “it is trite law that any matter related to, connected with or arising from election process, whether concluded or not could only be referred to the election tribunal.”

Lawyer to Yahaya, A. A. Adeniyi argued that since the issue was about election, the resolution of the dispute should be taken before the election tribunal.

Lawyer the PDP, Pius Akubo (SAN) argued in similar vein, insisting that Faleke could only inherit the outcome of his joint ticket with Audu if they had been duly elected, with the election concluded as prescribed in the Electoral Act.

Lawyer to APC, Bola Aidi, who agreed with the other defendants, equally urged the court to dismiss the suit on the ground that it was only election tribunal that could determine the issues raised.

Arguing Wada’s suit, his lawyer, Chris Uche (SAN) urged the court to grant his client’s prayers.

Awomolo (for INEC), T. A. Gazali (for the Attorney General of the Federation), Aidi (for APC), Adeniyi (for Bello) argued that the proper forum for the determination of the issues raised was the election tribunal.

“Having regard to prayers sought, it is not seeking the interpretation of the Constitution, but the declaration of winner and issuance of certificate of return. The best place to go is the election tribunal created for Kogi State,” Awomolo said.

December 4, 2015
Kogi: Wada, Faleke, Yahaya, others know fate Friday

A Federal High Court in Abuja will Friday resolve the dispute arising from the November 21 governorship election in Kogi State as it is set to deliver judgment in five suits arising from the disagreement over the inconclusive poll.

The court will among others, decide whether or not the Independent national Electoral Commission (INEC) could proceed with its planned supplementary election scheduled for Saturday.

Justice Gabriel Kolawole gave the indication Thursday after taking arguments from parties in the five cases which, with the agreement of lawyers in the cases, he consolidated and heard together.

The cases included the one filed by the Deputy Governorship candidate of the All Progressives Party (APC), James Faleke, marked: FHC/ABJ/CS/977/2015, where he faulted the decision by the Independent National Electoral Commission (INEC) to declare the election inconclusive; asked the court to among others compel INEC to declare his joint ticket with the late Abubakar Audu winner of the election and to restrain it (INEC) from proceeding with its planned supplementary election.

The second suit marked: FHC/ABJ/CS/962/2015, is by the state governor and candidate of the Peoples Democratic Party (PDP), Idris Wada and his party where they want the court to compel INEC to declare Wada winner of the election, on the ground that he is the only surviving candidate in the election who scored the second highest votes after the deceased candidate of the APC.

The third suit marked: FHC/ABJ/CS/973/2015 was filed by Emanuel Daiko, who claimed to have contested the election as a candidate of the People for Democratic Change (PDC) and wants the court to among others hold the supplementary election is illegal, prevent APC from substituting its deceased candidate and to prevent APC from participating in the election on the ground that it no longer has a candidate.

The fourth marked: FHC/ABJ/CS/958/2015, filed by Raphael Igbokwe (a PDP member of the House of Representatives from Imo State) and Stephen Wada Omaye wants the court to annul the election and conduct a fresh one. It has INEC and APC as defendants.

The fifth suit marked: FHC/ABJ/CS/952/2015 was filed by a Johnson Jacob Usman (who claimed to be an indigene of the state, a registered voter and a lawyer. He seeks among others, to compel INEC to suspend all actions in relation to the election pending the determination of the suit and a declaration that the election ought to be cancelled. It has the AGF and INEC as defendants.

Before entertaining arguments from parties, the court joined the APC’s substitution for Audu, Yahaya Bello and the African Democratic Congress (ADC) as defendants in the case.

Arguing Thursday, Faleke’s lawyer, Wole Olanipekun (SAN) stated that the court possessed the jurisdiction to resolve all issues raised in his cleint’s case.

He said the case was not one for electoral tribunal because the plaintiff only requested the court to apply constitutional provisions in determining the various questions raised.

He argued that it was a provision of the Constitution that where a principal dies in an election contested with a joint ticket the constitutional vested interest inures to the benefit of the running mate.

Olanipekun contended that INEC’s decision to declare the election inconclusive was not because Audu died, but because it voided elections in some 91 polling units in 18 Local Governments, where it now intends to conduct supplementary election. Relying on newspaper publication, noted that as at Novemeber24, INEC was reported to have denied knowledge of Audu’s death.

He argued that what his client wants the court to do was not to announce a winner, but like an order of mandamus, compel INEC to perform its statutory responsibility by declaring a winner in an election where results have been computed and announced.

Olanipekun argued that INEC lacked the power to issue the directive (as contained in its “public notice” of November 24, 2015) to the APC to substitute its governorship candidate in the election following the death of its earlier candidate, Abubakar Audu and that it would hold a supplementary election on December 5.

He described Yahaya Bello, who APC has now substituted Audu with, as an interloper, who wishes to usurp the interest of his client. He further argued that by Wada’s prayer to be declared winner on the ground that he was the first runner up, was an admission that the election was concluded and that there was the person who came first.

Responding, lawyers to INEC, APC and PDP, who are defendants in the case urged the court to dismiss it because all the prayers sought by Faleke could only be granted by election tribunal.

Adegboyega Awomolo- SAN – (for INEC) argued that “it is trite law that any matter related to, connected with or arising from election process, whether concluded or not could only be referred to the election tribunal.”

Lawyer to Yahaya, A. A. Adeniyi argued that since the issue was about election, the resolution of the dispute should be taken before the election tribunal.

Lawyer the PDP, Pius Akubo (SAN) argued in similar vein, insisting that Faleke could only inherit the outcome of his joint ticket with Audu if they had been duly elected, with the election concluded as prescribed in the Electoral Act.

Lawyer to APC, Bola Aidi, who agreed with the other defendants, equally urged the court to dismiss the suit on the ground that it was only election tribunal that could determine the issues raised.

Earlier while arguing Wada’s suit, his lawyer, Chris Uche (SAN) urged the court to grant his client’s prayers.

Awomolo (for INEC), T. A. Gazali (for the Attorney General of the Federation), Aidi (for APC), Adeniyi (for Bello) argued that the proper forum for the determination of the issues raised was the election tribunal.

“Having regard to prayers sought, it is not seeking the interpretation of the Constitution, but the declaration of winner and issuance of certificate of return. The best place to go is the election tribunal created for Kogi State,” Awomolo said.

December 3, 2015
Faleke to APC, INEC: don’t tamper with my victory

The deputy governorship candidate of the All Progressives Congress (APC) in the November 21 election in Kogi State, Hon. James Abiodun Faleke, has warned his party and the Independent National Electoral Commission (INEC) not to do anything that will compromise his mandate as the deputy governor-elect.

In two letters written through his counsel Chief Wole Olanipekun (SAN) to INEC and the APC yesterday, Faleke informed both parties of the court case he instituted and vowed not to betray the late Prince Abubakar Audu by surrendering their joint victory.

He told the National Chairman of the APC, Chief John Odigie-Oyegun, that he was “not ready or prepared to negotiate, compromise, surrender, mortgage or part, in any way whatsoever, with the mandate already given to the said joint ticket by the electorate of Kogi State.”

He again pleaded with the APC not to submit his name “as an associate or running mate to any person or newcomer into the supplementary election which INEC is proposing to hold in 91 polling units on December 5, 2015.”

The 91 polling units, Faleke emphasised, have only 25,000 prospective voters with Permanent Voter’ Cards (PVCs) and that INEC’s declaration of the election as inconclusive was “a mystery.”

Faleke told the APC leadership that “as a man of conscience” he did not want to betray the late Audu by assigning their joint mandate to any person, “particularly Mr. Yahaya Bello, who engaged the late Prince Abubakar Audu in a war of attrition throughout the primary election and continued to mount a campaign against him till he passed on.”

He claimed that Bello jumped ship after losing out at the party’s primary election.

“Immediately after the primary election was conducted, Mr. Yahaya Bello defected from the APC to the Social Democratic Party (SDP),” Faleke alleged.

Bello, he added, did not participate in the electioneering which he and the late Audu embarked on “throughout Kogi State”.

Faleke said Bello neither contributed “a dime to the electioneering” of the Audu /Faleke ticket and “did not make himself available for any assistance to the APC in the state”.

He claimed that Bello “indeed campaigned and worked against the APC, to the knowledge of all and sundry”, observing that the party lost in Bello’s polling unit, ward and local government.

Faleke was also of the view that “the fielding of Bello by the APC is not just undemocratic, unconscionable, unjust and unfair, but also against the ethics, robbing Prince Abubakar Audu to pay Mr. Yahaya Bello”.

“The APC is not merely sponsoring Mr. Yahaya Bello to reap from where he did not sow, but also to harvest from where he stoically prevented the sowing or planting,” he added.

He urged his party to cooperate with him “and avoid a situation where, by some acts of omission or commission, the APC might wittingly or unwittingly fritter the mandate given to it by the electorate of Kogi State.

In the letter to the Chairman of INEC, Faleke said the commission had made “a cocktail of errors and catalogue of improprieties” regarding Kogi governorship election.

He said INEC’s decision to term the election as inconclusive and the directive to the APC to replace the late Audu through a supplementary election was “glaringly wrong”.

Faleke told the commission that he was not “in anyway whatsoever and howsoever relinquishing, compromising, surrendering or parting with the mandate freely given to the joint ticket of Prince Abubakar Audu” and himself.

He emphasised that he was ready to defend and protect the said election and he would not run as associate or deputy to any person or candidate presented or to be presented to INEC by the APC.

Relying on Section 187(1) of the Constitution, he argued that a gubernatorial candidate could not be validly nominated without a running mate and urged INEC to renounce its declaration that the election was inconclusive.

December 3, 2015
Faleke to court: declare me elected
•Wada knows fate Friday

The deputy governorship candidate of the All Progressives Congress (APC) in the November 21 election in Kogi State, James Faleke, has asked the Federal High Court in Abuja to declare the election conclusive.

In a suit filed yesterday by his lawyers, including Wole Olanipekun (SAN) and Femi Falana (SAN), Faleke faulted the decision of the Independent National Electoral Commission (INEC) that the election was inconclusive and asked the court to restrain it from proceeding with its planned supplementary election.

Faleke named INEC and APC as defendants in the suit.

He argued that by the results announced by INEC, the election was conclusive and that INEC was wrong to have refused to announce the candidate of the APC, who scored the highest votes) winner.

He also faulted INEC’s directive (as contained in its “public notice” of November 24, 2015) to the APC to substitute its governorship candidate in the election, following the death of its earlier candidate, Abubakar Audu and that it would hold a supplementary election on December 5.

Faleka, who raised nine questions for the court’s determination, is seeking 16 reliefs, including an order directing INEC to “make a return following the already announced results in the governorship election held in Kogi on November 21, 2015” and an injunction restraining INEC, APC and their agents from “giving effect to or further acting on the decisions or directives contained in the November 24 public notice.

He urged the court to declare that by the provision of Section 179 of the Constitution, INEC was bound to declare a candidate in a state governorship election, who scored the highest votes and one quarter of all votes in at least two-third of all local governments in a state, as duly elected.

Faleke stated, in a supporting affidavit, “that from the results released and also from the Forms ECBC issued, the joint ticket shared by Prince Abubakar Audu and myself, not only produed the highest votes cast in each of at least two-third of all the Local Government Areas in Kogi State.

“By the 1st defendant’s (INEC’s) showing, only about 41,000 registered voters are reflected in the 91 polling units and out of the 41,000 registered voters, only about 35,000 of them have permanent voters cards (PVC). It is only people with PVCs that were allowed by the 1st defendant to cast their votes on the day of election.

“The total number of people accredited in the 91 polling units where the 1st defendant cancelled election and ordered a supplementary election was 19,178. The margin of victory between the joint ticket shared by Prince Abubakar Audu and myself for the 2nd defendant and the joint ticket shared by Idris Wada and Yomi Awoniyi.

“As the candidate sharing the same joint ticket of the 2nd defendant with the late Prince Abubakar Audu, I campaigned with him throughout the nooks and crannies of Kogi State, day and night, for over two months, canvassing for votes and selling to the electorate our joint manifesto.”

Faleke is also seeking a declaration that:
- election to the office of governor of a state can only be conducted in a manner expressly stipulated in section 179(2)(a),(b), (3)(a),(b), (4)(a),(b) and (5) of the Constitution;
- by the express provisions of sections 1(2) and 179(2)(a),(b), (3)(a),(b), (4)(a),(b) and (5) of the Constitution, the 1st defendant (INEC) is constitutionally bound to declare a candidate as duly elected to the office of governor of a state, who scores the highest number of votes cast at the election to such office, who also scores not less than one-quarter of all the votes cast in each of at least two-third of all the Local Governments Areas in the state; and a declaration that
- by the clear provisions of sections 1(2), 179(2)(a) and (b) and Paragraph 15(a) of the Third Schedule of the Constitution, read together with sections 27, 69 and 75 of the Electoral Act, the 1st defendant is bound to make a return on an election to the office of governor of a state where a candidate (a) scored the highest votes cast at the election and (b) scored not less than one-quarter of all the votes cast in each of, at least two-third of all the Local Government Areas in the state.
Faleke is also seeking an order setting aside the:
- 1st defendant’s decision that the governorship election held in Kogi on 21st November 2015 is inconclusive;
- ‘public notice’ issued by the 1st defendant on the 24th day of November 2015 titled: ‘Kogi governorship election 2015; and
- an order setting aside the directive contained in the ‘public notice’ issued by the 1st defendant on the 24th day of Novemeber 2015 and title: ‘Kogi governorship election 2015’, requesting the 2nd defendant (APC) ‘to fill the vacancy’ created by the death of its candidate.
The case is yet to be assigned for hearing.

Justice Gabriel Kolawole of the Federal High Court, Abuja yesterday gave indication that he will give judgments on Friday in four other cases filed in relation to the dispute created by the election.

The judge gave the indication yesterday after consolidating/merging the suits (filed between Thursday and Friday last week) and adjourning till Thursday for parties to adopt their final written addresses, which they were expected to have filed and served before the next date.

The suits include the one by the governor and candidate of the Peoples Democratic Party (PDP), Idris Wada. In the suit filed last Thursday, Wada and his party want the court to compel the INEC to declare Wada winner of the inconclusive governorship election, on the ground that he is the only surviving candidate in the election who scored the second highest votes after the deceased candidate of the APC.

They also seek to restrain INEC from proceeding with its planned supplementary election. It has INEC, the Attorney general of the Federation (AGF) and APC as defendants.

The other suit filed by Emanuel Daiko, who claimed to have contested the election as a candidate of the People for Democratic Change (PDC), is pleading with the court to, among others, hold the supplementary election is illegal, prevent APC from substituting its deceased candidate and prevent APC from participating in the election on the ground that it no longer has a candidate. It has INEC, AGF and APC as defendants.

The third suit was filed by Raphael Igbokwe (a PDP member of the House of Representatives from Imo State) and Stephen Wada Omaye. They are pleading with the court to annul the election and conduct a fresh one. It has INEC and APC as defendants.

The fourth suit was filed by Johnson Jacob Usman (who claimed to be an indigene of the state, a registered voter and a lawyer). He is seeking, among others, to compel INEC to suspend all actions in relation to the election pending the determination of the suit and a declaration that the election ought to be cancelled. It has the AGF and INEC as defendants.

Yesterday, lawyers representing all the plaintiffs agreed that the APC, which is listed as a defendant in all the cases, was yet to be served. They said service could not be effected because of the violent clash at the party’s national secretariat in Abuja. The party was also not represented in court.

Justice Kolawole, upon an agreement by lawyers in the case, including Goddy Uche (SAN) for Wada, T. M. Inuwa for INEC and Mrs. Memuna Lamin Shiru for the AGF that the suits be consolidated, elected to hear all the cases together.

The judge refused to grant the plaintiffs’ request for an abridgment of time within which the defendants could respond to the suit. He said in view of the fact that time was of essence, he would not bother with the facts of the cases and other preliminary issues, but would concentrate on the resolution of issues of law to be raised by parties.

In a brief ruling, the judge said parties had agreed to file written addresses to be adopted on Novemeber 3, to enable the court give its decision on Friday (November 4). He said it was necessary for the court to pronounce on the questions of law raised so that the supplementary election scheduled for December 5 will not be conducted under an atmosphere of “doubt about its constitutional validity”.

The judge later stood down proceedings for about one hour to enable the lawyers agree on the questions of law for the court to decide.

When the court later reconvened at about 1.40pm, three questions were submitted to it by the lawyers. The questions 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 (as amended) as well as sections 178 – 181 of the Constitution, INEC can lawfully conduct a second/supplementary election into the office of governor of Kogi State on 5th day of December 2015 or any other date at all let alone accepting the nomination/substitution by the All Progressives Congress (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.

*Whether in view of the provision of Section 179(2)(3)(4)(5) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and other enabling provisions of the Electoral Act 2010 (as amended) and having regard to the doctrine of necessity, the plaintiff, being the only surviving candidate with the majority of lawful votes case at the Kogi State governorship election held on 20th day of November 2015 ought not to be declared and returned by INEC as the winner of the election having secured not less than one quarter of the votes cast in two-third (2/3) of all the Local Government Areas in Kogi State.

*Whether in view of Section 181 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) INEC ought to conduct a fresh governorship election in Kogi State.
December 2, 2015