ABUJA—The Abuja Division of the Federal High Court, will,
today, determine whether in view of section 181 of the 1999
constitution, as amended, the Independent National
Electoral Commission, INEC, should go ahead with its plan to
conduct supplementary governorship election in Kogi State
tomorrow.
Justice Gabriel Kolawole adjourned for judgement after all
the parties, yesterday, adopted their final written addresses
on contentious legal issues that arose from the sudden
death of the candidate of the All Progressives Congress, APC,
Prince Abubakar Audu, before the election was concluded.

Wada
INEC had declared the governorship election held
November 21, inconclusive, even as it fixed Saturday to
conduct a run-off poll.
Meanwhile, the court had, Tuesday, consolidated four
separate suits challenging the legality of the scheduled
supplementary election.
Justice Gabriel Kolawole, who merged the four suits, said
there was need for the court to expeditiously determine the
issues “so that INEC will not conduct the election under a
grave shadow of doubt as to the legal or constitutional
validity.”
Whereas one of the suits was lodged before the court by
Kogi State governor, C aptain Idris Wada (retd), the second
suit was filed by the governorship candidate of the People
for Democratic Change, PDC, in the state, Emmanuel
Daikwo.
Likewise, a legal practitioner, Mr. Johnson Usman, a House
of Representatives member for Ahiazu Ezinaehitte Mbaise
Federal Constituency of Imo State, Rafael Igbokwe and an
electorate from Omala Local Government Area in
Abelijukolo Ife of Eche ward in Kogi State, Mr. Stephen Wada
Omaye, filed the two remaining suits.
Upon consolidation of the suits, the plaintiffs, led by
Wada’s lawyer, Mr. Goddy Uche, SAN, distilled out three
principal legal issues for the court to determine today.
They want the court to go ahead and determine: “Whether
having regard to the provisions of sections 31(1)(2)(4)(5)(6)
(7) and ( , 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.”
Wada specifically prayed the court to determine, “whether in
view of the provisions of section 179 (2) (3)(4)(5) of the
constitution, 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 major lawful votes cast at the Kogi State
governorship election held on November 21, 2015, ought
not to be declared and returned by the INEC as the winner
of the election having secured not less than one-quarter of
the votes case in two-thirds of all the Local Government
Areas in Kogi State.”
Justice Kolawole had given all the parties 48 hours to file
and exchange their briefs of argument and return to the
court yesterday for adoption.
Jurisdiction of the high court
Meantime, at the resumed sitting, yesterday, the APC,
challenged the jurisdiction of the high court to entertain the
suits.
APC’s position was also adopted by both INEC and its
replacement for Audu, Mr. Yahaya Bello, who both
contended that the court has no jurisdiction to adjudicate on
issues that were raised by the plaintiffs, issues they said
could be best handled by an election petition tribunal.
APC was not represented in court the day the four suits were
consolidated.
The plaintiffs had informed the court that they could not
effect service on the party owing to a free-for-all they said
took place at the APC national secretariat in Abuja by three
different factions of the party in Kogi State, the day they
went there with the court processes.
In the suit marked FHC/ABJ/CS/977/2015, Faleke insisted that
contrary to claim by INEC, the Kogi State governorship
election was conclusive.
He is seeking 16 principal reliefs from the court, among
which include: “A declaration that by the express provisions
of sections 179 (2) (a) and (b) and 187(1) of the constitution,
a person who is nominated as an associate of a candidate
for the office of governor of a state is duly elected deputy
governor of a state when the candidate for the office of the
governor scores the highest number of also 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
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