ABUJA – The Abuja Division of the Federal High
Court has fixed Friday to determine whether or
not the Independent National Electoral
Commission, INEC, should go ahead with the
planned supplementary governorship election
in Kogi State.

Justice Gabriel Kolawole who heard four
separate suits challenging the legality of the
scheduled run-off poll, said there was need for
the court to take a position on the matter “so
that INEC will not conduct the election under a grave shadow of doubt as to the legal or
constitutional validity”.

Meanwhile, Justice Kolawole consolidated the
four suits, even as he persuaded lawyers to the various plaintiffs to distill out three central
issues for the court to determine.

Whereas the first suit was lodged before the
court by the Kogi state governor, Captain Idris
Wada, retd, the second suit was filed by the
governorship candidate of the People for
Democratic Change, in the state, Hon.
Emmanuel Daikwo.

Similarly, while the third suit was filed by a
legal practitioner, Mr. Johnson Usman, the
fourth suit was filed by two plaintiffs, a
member representing Ahiazu Ezinaehitte
Mbaise Federal Constituency of Imo state at
the National Assembly, Hon. Rafael Igbokwe,
and an electorate from Omala LGA in
Abelijukolo Ife of Eche ward in Kogi state, Mr.
Stephen Wada Omaye.

Even though Wada had in his originating
summons, prayed the court to declare him
winner of the November 21 governorship
election, the other plaintiffs however sought for the nullification of the election, as well as an order compelling INEC to conduct a fresh poll.

Nevertheless, sequel to the directive of the
court, all the plaintiffs, led by Mr. Goddy Uche,
SAN, narrowed the three issues for
determination to include: “Whether having
regard to the provisions of sections 31(1)(2)(4)(5)(6)(7) and (, 33, 34, 36, 85 and 87 of the Electoral Act, 2010, as amended, as well as sections 178-181 of the constitution of the
Federal Republic of Nigeria, as amended, INEC,
can lawfully conduct a second/supplementary
election into the office of Governor of Kogi state on December 5, 2015, or any other date at all let alone accepting the nomination/substitution by the APC of any candidate on the basis of votes computed and credited to the deceased candidate of the APC when the new or substitute candidate was not part of the original election”.

Meantime, before he adjourned the case till
Thursday for all the parties to adopt their final
addresses, Justice Kolawole warned the lawyers to limit themselves to issues of law.

He stressed that since the substantive fact of
the matter with regard to death of the APC
governorship candidate, Abubakar Audu is not
in dispute, “counsels should therefore be
moderate, brief and concise in their addresses
by limiting argument to the three issues
distilled from the four Originating Summons
listed on the cause list.

“This is because time is of the essence, as the
court has to consider all the issues and deliver
its judgment on Friday. The addresses should
not be more than 10 pages and maximum of
15 pages. This case is hereby adjourned to
December 3 for adoption of addresses.

“Counsel are to file and exchange their
addresses within 48 hours”, Justice Kolawole
ruled.

While INEC and the Attorney General of the
Federation and Minister of Justice, Mr.
Abubakar Malami, SAN, were represented in
court, there was no legal representation for the APC.

Earlier, Wada’s lawyer, Mr. Uche, SAN, told the
court that spirited effort to serve the APC with
the originating processes on Monday proved
abortive owing to bloody fight he said was
going on between three different factions in
the party.

Meanwhile, Audu’s running mate, Mr. James
Abiodun Faleke has approached the high
court, seeking a declaration that election to
the office of Governor of a state can only be
conducted in the manner expressly stipulated
in section 179 (2), (a)(b), (3)(a)(b), 4(a)(b)
and (5) of the constitution.

Among other reliefs, he also wants “A
declaration that by the combined reading of
section 179 (2)(a) and (b) and 181(1) of the
constitution, upon the death of a person duly
elected as the governor of a state, the person
elected with him as Deputy-Governor is to be
sworn in as the Governor of the state”.

Source : Vanguard.

www.ebiraland..com

Ok

Very good. This issue should not drag on into the supplementary election. We should not be delaying governance for unnecessary drama and divisive politics.