The appeal court sitting in Abuja has dismissed an application by James Faleke, running mate to late Abubakar Audu in the 2015 Kogi governorship election, to nullify the installation of Yahaya Bello of the All Progressives Congress (APC) as governor of the state.

Bello was nominated by the APC to replace the late Audu following his death.

Faleke had argued that the votes polled by the party in the election were his, since he was a joint candidate to Audu.

But in his ruling, Justice Jummai Sankey noted that according to Section 221 of the Nigerian constitution, only the party could canvass for votes.

She explained that the constitution does not recognise independent candidature, so Faleke could not lay claims to the number of votes polled before the demise of Audu and before the election was concluded.

“So it may be said that he is not a candidate,” Sankey said.

The judge also held that Faleke was only joined to Audu after the primaries had been concluded, but Bello, whom the APC chose, participated in the primary election that produced Audu as candidate.

Sankey also added that the nomination of Bello to replace the late Audu did not contravene the constitution or the electoral act.

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