Congress(APC) in the November 21 election in Kogi State, Mr. James
Faleke, has asked a Federal High Court in Abuja to declare him the
governor-elect following the death of the party's governorship
candidate, Abubakar Audu, with whom he contested the poll with.
In his suit, FHC/ABJ/CS//977/2015, Faleke argued that by combined
observation of section 179(2)(a) and (b) as well as section 181(1) of
the constitution, the election conducted on November 21, had already
produced Audu as governor-elect and that by virtue of Audu's death, he
Faleke should be sworn in as the governor.
Faleke, through the suit, filed on his behalf by his lawyers, Chief
Wole Olanipekun (SAN) and Mr. Femi Falana (SAN), joined the
Independent National Electoral Commission and the APC as defendants.
The suit, as of the time of filing this report had yet to be
assigned to a judge.
But four other suits, including the one filed by the incumbent
Governor, Idris Wada, and his party, the Peoples Democratic Party,
assigned to Justice Gabriel Kolawole of the same Federal High Court in
Abuja, had been fixed for Thursday for hearing with judgment to follow
on Friday ahead of the supplementary poll scheduled for Saturday.
With an advantage of about 41,000 votes in the declared results by
INEC, Audu died on November 22 shortly after INEC said the election
was inconclusive due to cancellation of votes in 91 polling units.
INEC had declared the election inconclusive because the number of
registered voters about 49,000 in the 91 polling units outnumbered the
victory margin in terms of the number of votes polled by the APC and
the first runner-up, the PDP.
Faleke's lawyers, who submitted nine issues to the court for
determination and asked for 16 prayers, sought an order setting aside
the decision of INEC that the November 21 poll was inconclusive.
They are also seeking an order setting aside the decision of INEC in a
public notice on November 24, 2015, asking the APC to fill the
purported vacancy created by Audu's death and another order mandating
INEC to announce the winner of the election.
Faleke argued in his supporting affidavit, which he personally deposed
to on Tuesday, that there was no basis for not declaring Audu the
winner of the November 21 poll.
He stated that the margin of victory between the joint ticket, which
he shared with Audu for the APC, and that of the first runner-up,
Wada, and his running mate, Yomi Awoniyi, of the PDP, was over 41,000
votes.
He added that there were only 35,000 voters with Permanent Voter Cards
in the 91 polling units, where votes were cancelled by INEC.
He also stated that only 19,178 voters were accredited by INEC in the
91 polling units where the November 21 poll was cancelled.
His affidavit read in part, "I know as a fact that, by the first
defendant's (INEC's) showing, only about 41,000 registered voters are
reflected in the polling units and out of the 41,000 registered
voters, only about 35,000 of them have Permanent Voter Cards.
"I also know as a fact that it is only people with PVCs that were
allowed by the first defendant (INEC) to cast their votes on the day
of election.
"As of Monday, November 23, 2015, I know as a fact that the first
defendant emphatically stated that it was not aware of Prince Abubakar
Audu's death."
Faleke insisted that he campaigned along with Audu "throughout the
nooks and crannies of Kogi State, day and night for over two months"
canvassing for votes and selling to the electorate the joint ticket
they both shared.
He said INEC had yet to respond to his letter dated November 26, 2015,
written through Olanipekun, informing the INEC chairman that the
November 21 was duly conducted and completed.
Faleke is therefore seeking among his 16 prayers, a declaration that
the results declared by INEC, following the November 21 poll, had
produced him as the deputy-governor.
He also wants the court to declare that the declaration by INEC that
the November 21 election was inconclusive "is unconstitutional,
illegal, unlawful, irregular, null and void, of no legal effect
whatsoever and ultra vires the powers of the first defendant (INEC)".
His lawyers seek among 16 prayers, a court's declaration that the
public notice issued by INEC on November 24, requesting the APC "to
fill the vacancy" created by the death of its candidate (Audu), is
unconstitutional, illegal, unlawful, irregular, null and void, of no
legal effect whatsoever.
Part of his prayers read, "A declaration that by combined reading of
section 179(2)(a) and (b) and 181(1) of the Constitution, upon the
death of a person duly elected as governor of a state, the person
elected with him as deputy governor is to be sworn in as the governor
of the state.
"A declaration that the results declared by the first defendant
following the governorship election in Kogi State on 21 November, 2015
produced a governor-elect of Kogi State in accordance with the express
provisions of section 179(2)(a) and (b) of the Constitution.
"A declaration that the results declared by the first defendant
following the governorship election conducted in Kogi State on 21
November, 2015 produced the plaintiff as Deputy Governor-elect of Kogi
State.
"An order setting aside the first defendant's decision that the
governorship election held in Kogi State on 21 November, 2015 is
inconclusive.
"An order mandating/directing the first defendant to make a return
following the already announced results in the governorship election
held in Kogi State on November 21, 2015."
In the meantime, the leadership of the APC is said to be in a dilemma
on its next move after its running mate in the Saturday's
supplementary poll in Kogi State, Faleke, rejected his nomination.
Faleke declined the party's offer to serve as a running mate of Alhaji
Yahaya Bello, the party's choice as replacement for the late Audu.
It was learnt in Abuja on Tuesday that party leaders might be forced
into a fresh round of meetings to decide on a new running mate.
Peace moves to the late Audu's political family have so far failed to
yield the desired results following a suit filed by Faleke on Tuesday,
demanding to be declared as the state's governor-elect.
A top member of the party, who spoke with one of our correspondents on
condition of anonymity, said the party might pick someone from Audu's
stronghold in Kogi East.
"The party has not given up on reaching out to Audu's political family
but if that fails, the party will have to look elsewhere in Kogi East
before considering other options," the source added.
When one of our correspondents visited the party's National
Headquarters on Tuesday, none of the party leaders was available even
as some of the security officials claimed that the leaders had gone to
Bayelsa State to join the Timipre Sylva's governorship campaign.
However, in a terse response to enquiries by The PUNCH, the Deputy
National Publicity Secretary of the party, Timi Frank, said, "We have
not decided on it (choice of running mate) yet. We will make it public
when we do."
It was gathered that the party leaders were both shocked and
embarrassed by the violence which rocked the secretariat on Monday
between supporters of Bello and Faleke.
Meanwhile, no fewer than 50 members of the APC in Kogi State are said
to be jostling to emerge as the running mate to Bello.
It was learnt on Tuesday that the politicians, mostly from both Kogi
East and Kogi West senatorial districts, had met with Bello in a
secret location in Abuja, lobbying to be his deputy.
Our source said many of those who claimed to be supporting Faleke and
the late Audu's son, Mohammed, had become frequent guests of the
governorship candidate.
The source said, "Over 50 of them are jostling to take over Faleke's
job. They met secretly with Yahaya Bello and some are lobbying through
the national leaders of the APC.''
Also, the Coalition of Oodua Self Determination Group has demanded
that Faleke be declared the governor-elect of the state.
COSEG, in a statement after its meeting on Tuesday by its Chairman,
Ifedayo Ogunlana, and Secretary, Rasak Olokooba, rejected the choice
of Bello as the replacement for the late Audu by the APC's National
Working Committee.
It stated that the 41,000 votes advantage for the Audu/Faleke ticket,
was far higher than the 25,000 PVCs held by those who had yet to vote.
It said, "It is therefore logical to bestow the deputy governor the
full entitlement and right to govern the state with the vision of
Audu/Faleke ticket when God naturally took away the life of the great
man of Kogi, Audu, who brought up Faleke to be his deputy."
In a related development, the Ata of Igala, Idakwo Oboni, has warned
the people of the state against utterances that are capable of setting
the state on fire.
The monarch spoke on Tuesday in Lokoja at a stakeholders meeting held
at the state headquarters of INEC ahead of the Saturday's
supplementary election.
The state Resident Electoral Commissioner, Mallam Hussaini Pai, had
called on stakeholders in the election to collaborate with the
electorate towards ensuring a credible and acceptable supplementary
election.
The Ata urged the people of the state to embrace peace and obey the
laws of the land.
"Power is derived from God; we are brothers and sisters. We should
forget sentiment and inflammatory statements capable of setting the
people of the state against themselves," he said.
Pai confirmed receiving the nomination of Bello and Faleke as the candidates.
"The commission in the state called for this meeting in order to
sensitise critical stakeholders in the state to, in turn, educate and
encourage people around them to promote peace and avoid conflict, to
ensure a peaceful
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