Justice Gabriel Kolawole of a Federal High Court in Abuja will today deliver his judgement over
the propriety of the conduct of supplementary poll in Kogi State, less than 24 hours to the election.
The judge had fixed the date, following the conclusion of argument and submissions by lawyers to
parties before the court last night.
The court is expected to deliver judgment on the consolidated suits arising from the November 21,
2015 governorship election in Kogi State which was declared inconclusive by the Independent
National Electoral Commission (INEC).
At the resumed hearing of the matter yesterday, lawyers to the parties adopted and argued their
applications for and against the decision of INEC to proceed with the December 5, 2015
supplementary election.
While Governor Idris Wada is urging the court to compel INEC to issue him a certificate of return as
the only surviving candidate with the highest number of votes in the election, Hon James Faleke is
asking the court to order INEC to declare him winner of the election.
Other plaintiffs in consolidated suits, Emmanuel Idakwo, John Jacob Usman and Hon. Emmanuel
Igbokwe had in their suits, urged the court to compel INEC to conduct fresh election in the state,
following the death of the governorship candidate of the APC in the election, Alhaji Abubakar Audu.
But INEC had filed preliminary objection against the suits, asking the court to dismiss the matter on
the grounds that it lacks jurisdiction to hear the matter, saying that it has the statutory power to
conduct elections while aggrieved parties can seek redress before the election petitions tribunal.
Lawyers to INEC, Mr Adegboyega Awomolo (SAN), Yahaya Bello, A Adeniyi and that of the APC,
Bola Aidi, submitted that the court lacked the jurisdiction to adjudicate on the issues raised by the
plaintiff, saying that the appropriate court is the election petitions tribunal.
On the other hand, Falake’s lawyer, Chief Wole Olanipekun (SAN), Pius Akubo (SAN) for PDP and
Chris Uche (SAN) for Governor Wada disagreed on the grounds that since no candidate has been
declared winner, the matter cannot be heard by the tribunal.
But INEC had scheduled tomorrow for its supplementary election in 21 polling units in the state,
having declared the governorship election in the state inconclusive.
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