It’s a case between Hon. James Abiodun Faleke (Petitioner) and Kogi state Governor Yahaya Bello and INEC both 1st and 2nd respondents.
Tribunal has carefully read the preliminary objections and held that no new issue were raise by the petitioner to warrant striking out paragraph 2 of the petition.
I hereby dismissed the objections raise by 1st respondent.
2nd objections by the 1st and 2nd respondents on either the petitioner has the right to bring this petition before this honourable tribunal.
The court held that:
There was no declaration by INEC so the issue of governor or deputy elect does not arise.
There is no documentary evidence that the petitioner has been declare deputy elected.
As the petition not to have been declared as deputy governor elected the petitioner dose not have the stand as candidate.
Consequent upon the fact that a candidate cannot stand alone in an election, the tribunal held that we do not have powers over a political parties right to substitute as this is purely a preelection matter.
The issue of the petitioner bothers pre-election matter but the case of the respondents haven arise in the cause of an election, this is will be treated as post election matter and we therefore has powers to decide.
The petitioner haven not contested for the primary lack the powers to challenge the nomination of the respondents.
On either the election was concluded on 21st so the petitioner file its petition out of time, the tribunal held that no right can be accrued from an inconclusive election.
On why APC was not joined in the petition filed by the petitioner, the tribunal held that a candidate cannot stand an election without a political parties.
The tribunal held that none joining of the political party dealt a fatal blow on this petition because the political party would have shared more light on what actually transpired.
We hereby ruled thus and note that in the event we are wrong, the petitioner’s judgement has been prepared and will then be pass accordingly.
On the contention that the respondence didn’t go into the election with a deputy by the petitioner, the tribunal held that, that petitioner did not provide enough evidence why the respondence should be disqualified.
That the respondent not having deputy for the rerun election is fertile to this case. The tribunal is therefore guided by what has been put before it.
Tribunal held that the petitioner was sponsored by the political party as deputy governor and the respondence was also sponsored by the same political party hence the tribunal has no powers to interfere in political party matters
The tribunal held that both votes gathered on the 21st November and that of the 5th December belong to the political party.
For the petitioner to have opted out of the 5th December excluded himself and has no right to challenge the outcome of the election.
Issue 3 is therefore resolved against the petitioner.
This is the judgement on Kogi Governorship Tribunal on Hon JAF/INEC/AYB – Justice Halima!