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Kogi Polls: Why Federal High Court Rejected James Faleke’s Appeal
Justice Gabriel Kolawole in two separate judgments on Friday, held that the court lacked jurisdiction to entertain the five suits as the dispute had crossed the “threshold” of matters for the court since results in most of the polling units had been declared.
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He vowed to take his case to the Appeal Court to get the mandate rightly given to him by the electorate in the state.
The court is expected to deliver judgment on the consolidated suits arising from the November 21, 2015 governorship election in Kogi State which was declared inconclusive by the Independent National Electoral Commission (INEC).
He also wondered why individuals quickly run to the federal or state high courts in cases of intra-party disputes.
He therefore asked the court to among others compel INEC to declare his joint ticket with the late Abubakar Audu victor of the election and to restrain it (INEC) from proceeding with its planned supplementary election.
The third suit FHC/ABJ/CS/973/2015 that was filed by Emanuel Daiko, candidate the People for Democratic Change, who wants the court to stop the supplementary election and remove the APC from the list of participating political parties having lost its candidate.
The court said it would neither affirm that INEC acted rightly when it declared the November 21 election inconclusive, nor confirm the validity of the supplementary election taking place today.
The judge urged politicians to learn from former President Goodluck Jonathan and erstwhile Governor of Ekiti State, Kayode Fayemi, who he said were exemplary political characters.
He ruled that he had not decided the cases on their merit, so “the issues can be re-argued at the election petition tribunal”.
The lawyer said jurisdictions of courts were a creation of the law and the courts had respect for and abide by their constitutional limits.
A statement by the state’s Deputy Governor Yomi Awoniyi on behalf of Governor Idris Wada said the INEC officials at the Dekina office found their request unusual and declined. Emmanuel Daikwo, a legal practitioner, Mr. Johnson Usman, a House of Reps member for Ahiazu Ezinaehitte Mbaise Federal Constituency of Imo State, Hon. Rafael Igbokwe, filed another.
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However, the APC in Kogi State nominated Yahayah Bello to be their gubernatorial candidate.