Governor Yahaya Bello

It was victory again for Governor Yahyah Bello on Tuesday as the Justice Halima Mohammed led Kogi State Election Petitions Tribunal validated his election.

The Tribunal dismissed the petition of Alhaji Idris Wada, the candidate of the Peoples Democratic Party, PDP against the election of the election of Bello who contested on the platform of All Progressives Congress, APC.

The tribunal in the unanimous judgment described Wada’s petition as incompetent and lacking in merit.

In the ruling, Justice Mohammed dismissed the claims of Wada that the APC did not have a right to substitute Bello for its original candidate, Prince Abubakar Audu who died as the result of the election which was later declared inconclusive was being announced on 22 November.

Wada had argued that the 21 days period allowed for the substitution had elapsed before the death of Audu.

But in its ruling, the tribunal said the issue of 21 days period fore the substitution of candidates do not apply to Bello since he is a member of APC having emerged second in the party’s gubernatorial primary.

The tribunal also ruled that the nomination of Bello can only be challenged by members of APC who participated in the party’s primaries and not a candidate of another party.

Wada had in his petition before the tribunal argued for the invalidation of Bello’s candidacy in the December 5 rerun election on the grounds that Bello did not satisfy the requirements of the electoral law.

He also told the tribunal that he won the 2015 governorship election in the state.

Wada said he won the election with 204, 877 votes against 6,885 scored by Gov. Yahaya Bello of the All Progressives Congress (APC).

He said Bello could not inherit vote scored by late Audu Abubakar, who was until his death, the governorship candidate of APC in the election.

Agada said late Audu scored 240, 867 on Nov. 21 governorship election but died 7.45 a.m. on Nov. 22, 2015 before the election could be concluded.

He further argued that the the APC had no valid candidate for the supplementary election because at the time Bello was substituted, the statutory time allowed for substitution had elapsed.

Wada scored 199, 514 on Nov. 2, 2015 election, while he polled 5,363 in the supplementary election on Dec. 5, 2015.

In the Nov. 21, late Audu scored 240, 867, while Bello who substituted him received 6,885 vote in the Dec. 5 election.

Thus, Wada argued that with the votes polled by Bello, he could not be said to have won the election.

He further argued that Bello did not participate in the Nov. 21 governorship election as he had no permanent voter card.

According to him, none of the candidates won at the time the election was declared inconclusive by INEC.

One Samuel Oduntan, a witness called by Wada testified that he carried out a forensic analysis of the election material and discovered that there was over voting.

He, however, said that he could not remember the numbers of ballot papers he scanned, adding that he was the team leader of the forensic expert.
But in its ruling, the Tribunal said Wada failed to prove how the irregularities affected the result of the election.

Justice Mohammed said it it not enough to prove that there were irregularities during the polls, the petitioner must also prove how it affected him.

The tribunal had also yesterday dismissed a petition filed by James Faleke against the election of Governor Bello.

The tribunal ruled that Faleke lacked the locus standi to challenge the substitution of the late Audu with Bello having not participated in the APC primaries that produced the late gubernatorial candidate

It also held held that APC was legally right to substitute its candidate due to force majeur forced on its with the declaration of the 21 November elections as inconclusive.

It also ruled that it is parties that win and lose an election and APC was duly invited by INEC to present a new candidate following the death of Prince

Abubakar.

Justice Mohammed affirmed that there is valid material before the tribunal confirming the sponsorship of Bello and having contested the primaries against Prince Audu, he was the best person to step into the shoes of the deceased.

It also dismissed Faleke’s claims that the 240,687 votes of November 21 was transferred to Bello because it held that the votes belong to the APC and not Prince Audu.

Faleke had asked the Kogi State election petition tribunal to declare him as the authentic winner of the November 21, 2015 governorship election in Kogi State because  the current Governor never participated in the said election.

Faleke was the deputy governorship candidate under the late Abubakar Audu up until INEC declared the poll inconclusive after Mr Audu died.

INEC went ahead to ask the APC to nominate a replacement for the deceased.

After his nomination as replacement for Audu, Bello selected Faleke as his deputy.

But Faleke declined and thereafter approached the tribunal asking it to declare him governor-elect.
or Governor Yahyah Bello of Kogi State on Tuesday as the Justice Halima Mohammed led Kogi State Election Petition Tribunal validated his election.

The Tribunal dismissed the petition of Alhaji Idris Wada, the candidate of the Peoples Democratic Party, PDP against the election of the election of Bello who contested on the platform of All Progressives Congress, APC.

The tribunal in the unanimous judgment described the said Wada’s petition was incompetent and lacks merit.

In the rulin, Justice Mohammed had dismissed the claims of Wada that the APC did not have a right to substitute Bello for its original candidate, Prince Abubakar Audu who died as the result of the election which was later declared inconclusive was being announced on 22 November.

Wada had argued that the 21 days period allowed for the substitution has elapsed before the death of Audu.

But in its ruling, the tribunal said the issue of 21 days period fore the substitution of candidates do not apply to Bello since he is a member of APC having emerged second in the party’s gubernatorial primary.

The tribunal also ruled that the nomination of Bello can only be challenged by members of APC who participated in the party’s primaries and not a candidate of another party.

Wada had in his petition before the tribunal argued for the invalidation of Bello’s candidacy in the December 5 rerun election on the grounds that Bello did not satisfy the requirements of the electoral law.

He also told the tribunal that he won the 2015 governorship election in the state.

Wada said he won the election with 204, 877 votes against 6,885 scored by Gov. Yahaya Bello of the All Progressives Congress (APC).

He said Bello could not inherit vote scored by late Audu Abubakar, who was until his death, the governorship candidate of APC in the election.

Agada said late Audu scored 240, 867 on Nov. 21 governorship election but died 7.45 a.m. on Nov. 22, 2015 before the election could be concluded.

He further argued that the the APC had no valid candidate for the supplementary election because at the time Bello was substituted, the statutory time allowed for substitution had elapsed.

Wada scored 199, 514 on Nov. 2, 2015 election, while he polled 5,363 in the supplementary election on Dec. 5, 2015.

In the Nov. 21, late Audu scored 240, 867, while Bello who substituted him received 6,885 vote in the Dec. 5 election.

Thus, Wada argued that with the votes polled by Bello, he could not be said to have won the election.

He further argued that Bello did not participate in the Nov. 21 governorship election as he had no permanent voter card.

According to him, none of the candidates won at the time the election was declared inconclusive by INEC.

One Samuel Oduntan, a witness called by testified that he carried out a forensic analysis of the election material and discovered that there was over voting.

He, however, said that he could not remember the numbers of ballot papers he scanned, adding that he was the team leader of the forensic expert, who signed report presented to the court. The tribunal hd yesterday also dismissed the of James Abiodun Faleke, the

But in its ruling, the Tribunal said Wada failed to prove how the irregularities affected the result of the election.

Justice Mohammed said it it not enough to prove that there were irregularities during the polls, the petitioner must also prove how it affected him.

The tribunal had also yesterday dismissed a petition filed by James Faleke against the election of Governor Bello.

The tribunal ruled that Faleke lacked the locus standi to challenge the substitution of the late Audu with Bello having not participated in the APC primaries that produced the late gubernatorial candidate

It also held held that APC was legally right to substitute its candidate due to force majeur forced on its with the declaration of the 21 November elections as inconclusive.

It also ruled that it parties that win and lose an election and APC was duly invited by INEC to present a new candidate following the death of Prince Audu Abubakar.

Justice Mohammed affirmed that there is valid material before the tribunal confirming the sponsorship of Bello and having contested the primaries against Prince Audu, he was the best person to step into the shoes of the deceased.

It also dismissed Faleke’s claims that the 240,687 votes of November 21 was transferred to Bello because it held that the votes belong to the APC and not Prince Audu.

Faleke had asked the Kogi State election petition tribunal to declare him as the authentic winner of the November 21, 2015 governorship election in Kogi State because  the current Governor never participated in the said election.

Faleke was the deputy governorship candidate under the late Abubakar Audu up until INEC declared the poll inconclusive after Mr Audu died.

INEC went ahead to ask the APC to nominate a replacement for the deceased.

After his nomination as replacement for Audu, Bello selected Faleke as his deputy.

But Faleke declined and thereafter approached the tribunal asking it to declare him governor-elect.