The Supreme Court yesterday dismissed an appeal filed by a governorship aspirant of Peoples Democratic Party(PDP) in Kogi State, Jibrin Isah (also known as Echocho), seeking to void the election of Governor Idris Wada.
The apex court upheld the decision of the Court of Appeal, Abuja, which declared that Isah was wrong in challenging Wada’s victory.
Isah had appealed the decision of the Court of Appeal, which upheld an earlier decision of the Federal High Court, dismissing his suit for want of jurisdiction.
The FHC had held that issues raised in Isah’s suit were election matters which ought to have been submitted to an election tribunal for determination, by virtue of 1999 Constitution and the Electoral Act 2010.
Isah, represented by Wole Olanipekun (SAN) had rejected the Court of Appeal’ decision and argued that the case was an invitation for the interpretation of some provisions of the constitution.
Justice Bode Rhodes-Vivour, in the lead judgment, held that Isah had no interest to protect since he did not take part in the Kogi State governorship electioný.
Justice Rhodes-Vivour’s judgment was endorsed by four other justices: Mahmud Mohammed, Christopher Chukwuma-Eneh, Clara Ogunbiyi and Kumai Akaahs.
Justice Rhodes-Vivour said: “Applying the facts of the case, the appellant has been unable to show how his civil rights and obligations have been or are in danger of being infringed in an election he did not participate.”
The appeal court,he said, was right in finding that the FHC lacked jurisdiction to hear Isah’s case and that the proper forum to which Isah would have taken his grievance was a governorship election tribunal.
He said:“The courts below were also correct in finding that the appellant not having participated in the election of 3/12/11, does not have locus standi to challenge the election under any guise whatsoever.”
Justice Rhodes-Vivour held that Isah was barred from relying on the results of the PDP primaries held on 9/1/11 after he participated in the rescheduled primaries held on 22/9/11.
He also held that the Independent National Electoral Commission (INEC) was right to have jettisoned the first primaries won by Isah in view of the judgment of the Court of Appeal, in which it held that the tenure of the then governor, Idris Ibrahim had not yet ended. The Appeal Court judgment was later set aside by the Supreme Court.
He also held that Isah could not benefit from the decision in Amaechi v INEC because: “First he did not win the rescheduled primaries conducted on 22/9/11. Governor Amaechi won the only primaries conducted for the gubernatorial elections in Rivers State.
“Secondly, Section 141 of 2010 Electoral Act as amended states that: ‘An election tribunal or court shall not under any circumstances declare any person ýa winner at an election in which such a person had not fully participated in all the stages of the said election.”
“Section 141 has put to rest or set aside the decision in Amaechi’s case.
“The position of the law now is that a person must participate in an election before he can be declared the winner of the election”
Isah had prayed the court to among others, grant him the following reliefs:
* An order setting aside the election by the 1st defendant (INEC) to the office of the Governor of Kogi State on 3rd December, 2011 and which said election purportedly produced the 2nd defendant(Wada) as Governor-elect of Kogi State.
* An order setting aside the swearing in of the 2nd defendant as Governor of Kogi State.
* An order directing that the 1st defendant (the Independent National Electoral Commission) pursuant to the Supreme Court judgment of January 27, 2012 to arrange and conduct a fresh election to the office of the Governor of Kogi State.
In the alternative, Isah urged the court hold that the election of 3rd December, 2011 in Kogi Dtate was regular, a declaration that the candidature of the plaintiff as governorship candidate of the party in Kogi Stae communicated to INEC on January 27, 2011 having not been withdrawn, the plaintiff be declared to have been the candidate returned in the said election.
He had argued that he was the winner of an earlier governorship primary election, and sought constitutional interpretation following the Supreme Court judgment voiding the tenure elongation of some governors as it affected his nomination as PDP flag bearer for the Aprill 2011
He argued that the election conducted by INEC and which was won by Wada was wrong for several reasons, among which was that the election was held during the pendency of the suit challenging the judgment of the lower courts extending the tenure of the ousted governors.
Wada, reacting to the ruling, said it was yet another victory for democracy. He described it as “freedom received at the highest temple of justice in Nigeria.”
The governor’s reaction was contained in a terse statement by his Special Adviser, Media and Strategy, Jacob Edi. He expressed the hope that the judgement would put an end to the agitation by his opponents.
