A Federal High Court sitting in Abuja on Friday has given the go ahead for the Independent National Electoral Commission, INEC, to conduct a supplementary election in Kogi State, following the declaration that the November 21 governorship election was inconclusive.
Four different parties had approached the Justice Gabriel Kolawole-led court with the aim of preventing the supplementary election scheduled for Saturday, December 5, 2015, but the court said only the election petition tribunal can rule on the matter.
“Only the election petition can entertain this case. The court does not have the affirmation to make definitive pronouncements.”
James Faleke, running mate to the All Progressives Congress, APC’s candidate, late Audu Abubakar, asked the court to stop tomorrow’s supplementary poll and declare him winner; Idris Wada, the incumbent governor and candidate of the Peoples Democratic Party, PDP’s candidate, asked the court to declare him winner on the ground he was the candidate with the second highest votes; Emmanuel Daiko of the Peoples Democratic Change, PDC, asked the court to declare the supplementary election illegal; Raphael Igbokwe, a member of the House of Representatives, asked the court to mandate INEC to conduct a fresh election, and; Johnson Jacob asked the court to cancel the election.
The suits were merged into one with the court’s decision based on three things: why Wada should not be returned as governor for securing the second highest votes, whether Audu died with his votes and whether tomorrow’s supplementary election should take place.
While dismissing the reliefs sought by the parties, the court observed that but for lack of jurisdiction, it would have delivered a balanced judgement.