Faleke to tribunal: declare me Kogi governor-elect


•Wants order that the Nov. 21 polls was conclusive
•Seeks withdrawal of Bello’s Certificate of Return

The running mate to the late Abubakar Audu, the candidate of the All Progressives Congress (APC) in the November 21 governorship poll in Kogi State has asked the Election Petitions Tribunal to declare him governor-elect.

In documents filed before the tribunal by his counsel, Hon. James Abiodun Faleke is seeking 12 reliefs, including four orders compelling the Independent National Electoral Commission (INEC) to reverse itself on several decisions concerning the November 21 polls as from the day Audu died.

Among the reliefs being sought is a declaration that the election to the office of governor of Kogi State of November 21 was valid and that he should be presented with a Certificate of Return as the lawful winner of the election.

Faleke argued that the supplementary election of December 5, upon which Alhaji Yahaya Bello was declared as governor-elect, was unnecessary. He argued that Bello was not qualified to contest in the first place.



In the petition which he submitted to the clerk of the tribunal at about 12.20 p.m. in Lokoja on Monday, accompanied by Mohammed Audu, son of the late Audu, Faleke listed INEC and Bello as first and second respondents respectively.

He said: “The second respondent, who did not register as a voter, who did not vote at the election, who did not present himself to the electorate for votes at the election, who did not participate as a candidate at the election of November 21, 2015 and who did not nominate another candidate as his associate for his running for the office of governor, who is to occupy the office of deputy governor was declared the winner of the election by the first respondent on December 5, 2015.”

With 25 documents attached in support, Faleke listed two grounds for his petition; the second respondent was, at the time of the election, not qualified to contest, and was not duly elected by the majority of lawful votes cast at the election.

Faleke also observed that INEC “did not publish any list of candidates who purportedly participated at the supplementary election held on December 5, 2015”.

He said Yahahya Bello scored only 6,885 votes at the supplementary election held on December 5, far less than the 240,867 votes he (Faleke) and Audu got on November 21.

Faleke added that INEC added the scores of Dec. 5, to the one of Nov. 21 to get the 247, 752 “which it eventually announced before wrongly and unduly returning the secomd respondent as the winner of the election.”

He continued: “The second respondent did not register as a voter in his ward and/or at all for the governorship election in Kogi State. He did not nominate or submit to INEC any candidate as his associate for his running for the office of Governor of Kogi State as mandated by the Constitution.”

Faleke also noted that Form CF002B (ii) submitted by Bello to INEC “on or about November 27, 2015 has no deputy governorship candidate who was to contest along with him.”

He said he protested INEC’s decision to declare the November 21 election as inconclusive and also informed the first respondent in writing that he was not running, “and would not run, contest or participate in the supplementary election of December 5, 2015 as the associate or deputy governorship candidate of the second respondent.”

He is seeking that it may be determined and thus declared by the tribunal:

That election to the office of Governor of Kogi State was already conducted, completed and concluded by the 1st respondent on November 21, 2015.

That the 1st respondent’s decision and proclamation that the governorship election held in Kogi State on November 21, 2015 was/is inconclusive, are unconstitutional, illegal, unlawful, arbitrary, null and void, and ultra vires the powers of INEC.

III. That the 1st respondent was under a duty to declare and pronounce the winner of the concluded governorship election of Kogi State held on November 21, 2015 and make a return accordingly.

That upon the death of Prince Abubakar Audu before taking the oath of allegiance and oath of office, the petitioner who was elected with him as Deputy Governor should be sworn in as Governor of Kogi State.

That the 2nd respondent was at the time of the election to the office of Governor of Kogi State on November 21, 2015, not qualified to contest the election.

That the 2nd respondent was not qualified to contest the office of Governor of Kogi State on December 5, 2015.

VII. That the second respondent was not elected as Governor of Kogi State by majority of lawful votes cast.

VIII. That the return of the 2nd respondent by the 1st respondent on December 5, 2015 is unconstitutional, illegal, unlawful, undemocratic, arbitrary, null and void, and also ultra vires the powers of INEC

An order setting aside the 1st respondent’s decision and declaration that the governorship election held in Kogi State on November 21, 2015 is inconclusive.

An order setting aside the Certificate of Return issued by the 1st respondent to the 2nd respondent and dated December 7, 2015.
An order mandating/directing the 1st respondent to issue forthwith, to the petitioner, a Certificate of Return as the person duly elected as Governor of Kogi State pursuant to the election held on November 21, 2015.

XII. An order of injunction restraining the 2nd respondent from:

(a) Parading, representing or holding himself out as the Governor-elect

(b) Parading himself as Governor of Kogi State based on the Certificate of Return issued to him by the 1st respondent and dated December 7, 2015.

On Monday, Faleke told reporters that he was confident justice would be done in the matter and that he did not join his party, the APC as a respondent in the suit.

http://thenationonlineng.net/declare-me-governor-elect-faleke-tells-tribunal/

Cc: lalasticlala, Ishilove, OAM4J, Mynd44

This guy sure has a good case.

His lawyers should have added an extra relief, stating that "even if INEC is to proceed on a supplementary election to conclude the election, he is the only legally qualified candidate to proceed and conclude the process, as a joint partner of the Audu/Faleke ticket.

By hinging his case basically on that INEC should have declared the election concluded and not proceed to supplementary seems too precarious. If the court faults that premise, it may scatter the whole case.

I hope it is still Wole Olanipekun that filed the case for him. That is one intelligent and smart lawyer, who should be able to give him victory if feasible.

Faleke my boy, half bread is far better than pofupofu. Imoran agba

madridguy:
Faleke my boy, half bread is far better than pofupofu. Imoran agba

Puffpuff eleyin dun ju bread to contain bromate lo.

Are u sure that faleke & co. doesnt have a hand in audu's death because he is doing as if it is a do or die thing,,,maybe,he doesnt want to loose on both ends ,,,but it will be painful if it is true sha,after killing & not still getting the mandate.

Faleke should not also forget that the ppl of ikeja has given im one week altimatum to tell them whether his constituency is in kogi or ikeja,,but come & think of it,how can inec allow someone holding a political appointing in anoda state be contesting in anoda state,not even renouncing his former position b4 contesting,,infact,inec itself as a govt agency had ridiculed itself with all these rules & electoral laws that are not clear

Still on this matter This man seems to forget it's only God that can put someone in positions.

Ordinary Kogi State's Governorship election APC's INEC can't conclude... Bayelsa has been waiting for it's results for weeks now....

F for Faleke

Once a rebel is always a repel, Apc we will not afford act of rebelion in our party by any body any more Meanwhile for physics tutorials @ university level, check my signature and subscribe for free

Declare yourself na.

Achuwa1:
Are u sure that faleke & co. doesnt have a hand in audu's death because he is doing as if it is a do or die thing,,,maybe,he doesnt want to loose on both ends ,,,but it will be painful if it is true sha,after killing & not still getting the mandate.

Chai, this ur post get as e be oooooo
No offence

missionmex:
Declare yourself na.

Rotfl

Achuwa1:
Are u sure that faleke & co. doesnt have a hand in audu's death because he is doing as if it is a do or die thing,,,maybe,he doesnt want to loose on both ends ,,,but it will be painful if it is true sha,after killing & not still getting the mandate.

It's only in Nigeria this crappy statements come up. Someone is trying to defend his rights and u saying it's 'do or die'.

Has he caused any wahala?? He has filed a case at the court as a gentleman seeking judicial interpretation. It is his right. Let him be.

Infact, judicial pronouncement on the issue will even help strengthen our electoral laws, by filling up the lacuna in the electoral system made obvious by the death of Audu. Faleke as such is even helping to strengthen our laws indirectly.

agabusta:


It's only in Nigeria this crappy statements come up. Someone is trying to defend his rights and u saying it's 'do or die'.

Has he caused any wahala?? He has filed a case at the court as a gentleman seeking judicial interpretation. It is his right. Let him be.

GBAM

OFF

so what?

uhm

Fight for ur right

The councel to this guy must be daft or hungry.

This case is a serious one, because its clear faleke has a good case,
but Apc having a yoruba governor in Kogi willl make them loosing there ground after 4 years of his rule as governor, so this card must be play smartly.. .

Marriage of strange bedfellows = APC

. . . We will only look on with our eyes and see the recompense of the wicked.

This country self.

In this Nigeria vote of the people is now an inheritance please inec and apc should think how would someone from nowhere inherit votes of the people which is very sad Kogi people are suffering

In this Nigeria vote of the people is now an inheritance. Please inec and apc should think how would someone from nowhere inherit votes of the people which is very sad.. Kogi people are suffering

Wait?

GmB's Budget of change is:

Nigeria's most expensive Budget!
And we have oil prices at its "lows"

Wahala really really de!!

U want Deputy now u have it! Anyway this Faleke guy has nothing to lose. Either way he is a winner!







ThefakeStan

Mbamally:
OFF

4ya mind

APC fighting APC again?

As usual, it's in them like Peak milk.

Anyway:

#BlameGEJ#