BREAKING: Kogi election petitions tribunal moved to Abuja

The Kogi State Governorship Election Petitions Tribunal sitting in Lokoja has been relocated to Abuja for further sittings. The Secretary to the Tribunal, Mr. Akanji Akinlabi, who disclosed this in Lokoja, said the relocation was based on the directive of the President of the Appeal Court, Justice Zainab Bulkashua.

The three-man tribunal, which has Justice Halima Mohammed as Chairman with Justice Patricia Ajoku and Justice Ogbogo Ejembi as members, commenced sitting in Lokoja on January 11, with six petitions.

One of the petitions was filed by Mr. James Faleke, the running mate to the late All Progressives Congress candidate, Abubakar Audu, against INEC. Other petitioners are former governor and Peoples Democratic Party candidate in the governorship election, Capt. Idris Wada; the Labour Party, Progressive Peoples’ Alliance, the African Democratic Congress and All Progressives Grand Alliance.

All the petitions are challenging the return of Alhaji Yahaya Bello as winner of the governorship election in the state.

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BREAKING: Kogi election petitions tribunal moved to Abuja

The Kogi State Governorship Election Petitions Tribunal sitting in Lokoja has been relocated to Abuja for further sittings. The Secretary to the Tribunal, Mr. Akanji Akinlabi, who disclosed this in Lokoja, said the relocation was based on the directive of the President of the Appeal Court, Justice Zainab Bulkashua.

The three-man tribunal, which has Justice Halima Mohammed as Chairman with Justice Patricia Ajoku and Justice Ogbogo Ejembi as members, commenced sitting in Lokoja on January 11, with six petitions.

One of the petitions was filed by Mr. James Faleke, the running mate to the late All Progressives Congress candidate, Abubakar Audu, against INEC. Other petitioners are former governor and Peoples Democratic Party candidate in the governorship election, Capt. Idris Wada; the Labour Party, Progressive Peoples’ Alliance, the African Democratic Congress and All Progressives Grand Alliance.

All the petitions are challenging the return of Alhaji Yahaya Bello as winner of the governorship election in the state.

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PDP wants Faleke sacked as APC lawmaker

The Peoples Democratic Party has approached a Federal High Court in Lagos seeking an order to remove James Faleke as the lawmaker representing Ikeja Federal Constituency of Lagos State in the House of Representatives. The suit marked FHC/L/08/1680/15 was filed by a PDP member, Olakunle Okunola, with the PDP listed as the second plaintiff.

Okunola and the PDP are urging the court to declare that the All Progressives Congress breached Section 37 of the Electoral Act when it nominated Faleke for the March 28, 2015 National Assembly election and later nominated Faleke as its deputy governorship candidate for the November 21, 2015 governorship election in Kogi State.

The applicants are urging the court to declare that Faleke’s membership of the House of Representatives had terminated because his voting data had been transferred from Ikeja Federal Constituency of Lagos State to Ekinrin-ade ward of Ijumu Local Government Area of Kogi State.

Joined as respondents in the suit are Faleke, APC and the Independent National Electoral Commission. The plaintiffs are seeking an order of perpetual injunction restraining INEC from reversing or re-transferring Faleke’s voting and membership data from Ekinrin-ade ward in Ijumu Local Government Area of Kogi State to the Ikeja Federal Constituency 1 of Lagos State.

They urged the court to stop Faleke from parading himself as a member of the House of Representatives representing Ikeja Federal Constituency 1 in the House of Representatives. The plaintiffs’counsel, Kingsley Kezie, who appeared before Justice Abdulaziz Anka on Wednesday said all efforts to serve the court processes on Faleke and APC had proved abortive.

He therefore urged the court to grant the plaintiff an order to serve the defendants through substituted means at their addresses. In a ruling, however, Justice Anka granted the order to serve APC by substituted means but directed the plaintiffs to go to Kogi State and effect personal service on Faleke.

He adjourned till January 26, 2016 for report of service.

-Punch

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PDP wants Faleke sacked as APC lawmaker

The Peoples Democratic Party has approached a Federal High Court in Lagos seeking an order to remove James Faleke as the lawmaker representing Ikeja Federal Constituency of Lagos State in the House of Representatives. The suit marked FHC/L/08/1680/15 was filed by a PDP member, Olakunle Okunola, with the PDP listed as the second plaintiff.

Okunola and the PDP are urging the court to declare that the All Progressives Congress breached Section 37 of the Electoral Act when it nominated Faleke for the March 28, 2015 National Assembly election and later nominated Faleke as its deputy governorship candidate for the November 21, 2015 governorship election in Kogi State.

The applicants are urging the court to declare that Faleke’s membership of the House of Representatives had terminated because his voting data had been transferred from Ikeja Federal Constituency of Lagos State to Ekinrin-ade ward of Ijumu Local Government Area of Kogi State.

Joined as respondents in the suit are Faleke, APC and the Independent National Electoral Commission. The plaintiffs are seeking an order of perpetual injunction restraining INEC from reversing or re-transferring Faleke’s voting and membership data from Ekinrin-ade ward in Ijumu Local Government Area of Kogi State to the Ikeja Federal Constituency 1 of Lagos State.

They urged the court to stop Faleke from parading himself as a member of the House of Representatives representing Ikeja Federal Constituency 1 in the House of Representatives. The plaintiffs’counsel, Kingsley Kezie, who appeared before Justice Abdulaziz Anka on Wednesday said all efforts to serve the court processes on Faleke and APC had proved abortive.

He therefore urged the court to grant the plaintiff an order to serve the defendants through substituted means at their addresses. In a ruling, however, Justice Anka granted the order to serve APC by substituted means but directed the plaintiffs to go to Kogi State and effect personal service on Faleke.

He adjourned till January 26, 2016 for report of service.

-Punch

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Faleke to become APC’s replacement for late Audu – Keyamo

The death of Prince Audu Abubakar, candidate of the All Progressives Congress, APC, at the ongoing governorship election in Nigeria’s Kogi state, has begun to draw constitutional questions. 

Analysing the situation, Festus Keyammo while commiserating with the deceased, cited legal documents to prove that Audu’s running mate in the election, James Abiodun Faleke, would automatically become the candidate of the party as replacement of Audu.

Though he agreed that the constitution never envisaged this type of political situation, the lawyer, who said he was in shock over the incident, gave his opinion: “admittedly, this is a strange and novel constitutional scenario. It has never happened in our constitutional history to the extent that when an election has been partially conducted (and not before or after the elections) a candidate dies. What then happens?

“This is a hybrid situation between what happened in the case of Atiku Abubakar/Boni Haruna in 1999 and the provision of section 33 of the Electoral Act, 2010.

“In the case of Atiku Abubakar/Boni Haruna [which is now a clear constitutional provision of section 181(1) of the 1999 Constitution (as amended)] the Supreme Court held, in effect, that ‘if a person duly elected as Governor dies before taking and subscribing the Oath of Allegiance and oath of office, or is unable for any reason whatsoever to be sworn in, the person elected with him as Deputy governor shall be sworn in as Governor and he shall nominate a new Deputy-Governor who shall be appointed by the Governor with the approval of a simple majority of the house of Assembly of the State’.

“In the case of section 33 of the Electoral Act 2010 it provides, in effect, that if a person has been duly nominated as a candidate of his party and he dies before the election then the political party has the right to replace him with another candidate and not necessarily the Deputy Governorship candidate.

“Now, does the Kogi situation fit into section 181(1) of the Constitution as quoted above or section 33 of the Electoral Act mentioned above?

“My simple position is that the Kogi situation fits more into section 181(1) of the 1999 Constitution (as amended) and as such James Abiodun Faleke automatically becomes the governorship candidate of the APC.

“This is because even though the election in inconclusive, votes have been counted and allocated to Parties and candidates. As a result the joint ticket of Audu/Faleke has acquired some votes already.

“James Abiodun Faleke is as much entitled to those votes already counted as much as the late Abubakar Audu. He has a right to cling to those votes going into the supplementary election.

“There is only one problem, though. Who nominates Faleke’s Deputy? Unlike section 181(1) of the 1999 Constitution, he cannot approach the House of Assembly of the State to approve a nomination by him of a Deputy.

“This is because, in reality, he is not duly elected yet. Therefore it is only reasonable to conclude that it is APC (Faleke’s political party) that should submit the name of a fresh Deputy Governorship candidate to INEC for the supplementary election.

“This is the only position in this situation that accords with reason and good sense.”

-PMNews

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