Kogi State Governor Captain Idris Wada will on Friday December 4 know his fate when judgment would be delivered in his court action and 3 others separately instituted against the decision of the Independent National Electoral Commission (INEC) decision to conduct a supplementary election on December 5.
The various suits were filed by the Governor, Wada who is praying the court to declare him as the winner of the November 21 governorship election in the state, Johnson Usman, Emmanuel Daikwo and Emmanuel Igbokwe who were asking the court to conduct a fresh full governorship election in the state.
The INEC had on November 22 declared the Kogi state gubernatorial election inconclusive and announced that a supplementary election will be conducted to determine a clear winner.
The APC governorship candidate in the election, Prince Abubakar Audu who was leading by a wide margin of 41,000 votes died when the election results were being collated, prompting a constitutional logjam on the replacement of the deceased candidate.
At the hearing of the suits instituted by the four plaintiffs and which were consolidated by the court, three issues were formulated by parties in the suit for determination by Justice Gabriel Kolawole of the Federal High Court Abuja.
First, the court was asked to determine whether having regard to the provisions of Section 31(1)(2)(3)(4)(5)(6)(7) and 8, 33, 34, 36, 85 and 87 of the Electoral Act, 2010 (as amended) as well 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 the Governor of Kogi state on 5th of December, 2015 or any other date at all let alone accepting the nomination/substitution by the All Progressive Congress when the new or substitute candidate was not part of the original election.
The plaintiffs also want the court to decide whether in view of the provision of Section 178(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 major of 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 Local Government Areas in Kogi state.
Third, they also want the court to determine whether in view of Section 81 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the INEC ought to conduct a fresh governorship election in Kogi state.
Joined as defendants in the various suits are the Attorney General of the Federation, INEC and APC.
Both INEC and AGF were in court, but the APC was absent because the party was not served with court process.
After the three issues were formulated, the trial judge, Justice Kolawole adjourned tillThursday for adoption of addresses and also fixed judgment for Friday.
Justice Kolawole noted that he will deliver judgment in the suits on Friday so that election will not be conducted under grave shadow of validity or otherwise of the supplementary election.
In a related development, the running mate of the late governorship candidate of the APC, late Abubakar Audu, Mr. James Abiodun Faleke yesterday filed a separate fresh suit against INEC and APC at the registry of Federal High Court sitting in Abuja asking the court to declare him the governor elect for the state based on the outcome of the November 21 poll.
In the suit filed by his counsel, Chief Wole Olanipekun SAN, Faleke is praying the court to declare that election to the office of the Governor of a state can only be conducted in the manner expressly stipulated in Section 179(2) (a), (b), (3) (a), (b), 4 (a), (b) and (5) of the constitution.
He also wants the court to declare that by express provisions of Sections 1(2) and 179 (2) (a), (b), 3 (a), (b), 4 (a), (b) and (5) of the constitution, INEC is constitutionally bound to declare the 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 and who also scores not less than one quarter of all votes cast in each of at least two-third of all the local government areas in the state.
He however prays the court to grant an order setting aside INEC’s decision that governorship election held in Kogi state on November 21, 2015 is inconclusive and the public notice dated November 24, 2015 titled ‘Kogi Governorship Election 2015’.
He also wants an order of court mandating INEC to make a return following the already announced results in the Governorship election held in Kogi state on November 21.
In addition, Faleke also wants the court to grant an order of injunction restraining the INEC and APC from giving effect to or further acting on the decisions of INEC contained in its Public Notice.
In his question for determination, Faleke is asking the court to determine among others whether considering the clear and unambiguous provisions of Sections 1(2) and 179(2) (a), (b), 179 (3) (a), (b), 179 (4) (a), (b) and 179 (5) of the 1999 Constitution of the Federal Republic of Nigeria, (as amended)(the constitution), whether an election into the office of Governor of a state can be conducted in any other way or manner than as expressly stipulated in Section 179(2) (a), (b), (3) (a), (b), 4 (a), (b) and (5) of the Constitution.
He also wants the court to determine whether having regard to the clear provisions of Section 181(1) of the Constitution, whether, upon the death of the person duly elected as Governor of a state under Section 179 (2) (a) and (b) of the Constitution, the person, who was elected with him as deputy governor, is not to be sworn in as the Governor of the state.
The matter is yet to be assigned to any judge


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