Supreme Court Gives Reason For Upholding Kogi Election


The Supreme Court has given reasons why it upheld the election of Yahaya Bello as the duly elected Governor of Kogi State, and why it rejected the prayers of James Faleke.

Justice Kudirat Kekere-Edun, who read out the reasons, stated that Faleke, who was the deputy governorship candidate of the All Progressives Congress, APC, in the 2015 governorship election, cannot be declared winner of the poll since he did not participate in the primary elections.

The apex court held that Faleke cannot benefit from the vote or take the place of the initial governorship candidate of the APC, late Abubakar Audu, because he did not meet the condition precedent.

Justice Kekere-Ekun explained that Faleke did not obtain nomination form nor did he participate in the primary election and as such, cannot under any circumstances, be made the governorship candidate to replace Audu.

She added that before Audu’s sudden death after the November 21 governorship election, the Independent National Electoral Commission, INEC, had already declared the election inconclusive and that since the election, had not been completed and the final result issued by the electoral body, Faleke, as a running mate, cannot claim ‎victory in the election.

The apex court upheld the substitution of Yahaya Bello to replace Audu because in the face of the law, Bello obtained nomination form, took part in the primary election and came second, unlike Faleke who did not meet that condition.



    Recall that Falake was the running mate to the late Audu who was already coasting to victory in the governorship election before his sudden death.

    Bello was then presented by the APC as replacement for Audu, but Faleke argued that he was the right person to take Audu’s place since the governorship ticket was a joint one.

    Faleke, not satisfied with the judgments of the election tribunal and the Appeal Court which upheld Bello’s victory, approached the Supreme Court.

    But the Supreme Court also affirmed Bello as the duly elected Governor of Kogi State.

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