The Abuja division of the Court of Appeal on Thursday dismissed an application by the running mate to the deceased All Progressives Congress, APC, candidate in the 2015 governorship election, Prince Abubakar Audu, James Faleke, where the emergence of Governor Yahaya Bello, as winner of the poll was been challenged.
Following the death of Audu, APC had nominated Bello as its governorship candidate ahead of Faleke.
The Independent National Electoral Commission declared Bello as the winner of the election after the conclusion of the supplementary poll which was held on December 6, 2015.
But Faleke rose against the decision of INEC, stressing that the votes polled by the party in the election were his, since he was a joint candidate to Audu.
The Kogi State Election Petition Tribunal had on June 6, 2016 affirmed INEC’s decision, declaring Bello as the governor of the state.
In view of the decision, Faleke had approached the Appeal court, challenging the judgment.
But a five-man panel of the Court of Appeal on Thursday dismissed Faleke’s appeal.
In the lead judgment read by the Presiding Justice of the panel, Justice Jumai Hannatu, Faleke could not have been declared winner of the election on the strength of the votes by his and the late Audu’s joint ticket in the November 21.
The court also held that Faleke lacked the right to question the substitution of the governorship candidate done by the party.