The Court of Appeal, Abuja division has adjourned to August 4, 2016, judgment on an appeal filed against the election of Kogi state governor Yahaya Bello, by James Faleke who was the running mate to late Abubakar Audu, the initial All Progressives Congress (APC), governorship candidate in the 2016 gubernatorial election.
The appellate court while entertaining the appeal filed against the ruling of the governorship elections petition tribunal was however informed that the present governor was never a registered voter in the state.
Wole Olanikpekun SAN, counsel to Faleke had informed the panel of five Justices led by Justice Morenikeji Ogunwumiju that: “This is the first time in this country that an unregistered individual is brought into office”.
He accused the Independent National Electoral Commission (INEC) of abusing its independent powers in the last Kogi election, accusing it of demonstrating partisanship, as Bello was alleged not to have voted, nor was he a registered voter, and he was still admitted into office.
In response to the allegation, counsel to INEC, Alex Iziyion urged the court to dismiss “into to” the appeal of Faleke, as there is no dispute that the appellant (Faleke), belonged to the same political party as the second respondent.
Joseph Daudu, counsel to the Bello, urged the court to dismiss the appellant’s appeal, on the grounds that the tribunal dealt with the issue of locus standi on the matter.
He said Faleke lost all his claims at the death of Audu especially after INEC had asked the party to produce a substitute.
Daudu maintained that Faleke was never a known candidate for the election.
He also said that being a registered voter or not being one is not a point on which this matter can be challenged.
Replying on point of law, Olanikpekun said there was no need to petition until a return was issued.
Habing taken submissions from all parties, the panel of Justices adjourned the matter to August 4, 2016 for judgment.
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