How Supreme Court Affirmed Bello’s Election

In a unanimous judgement in Abuja, the court dismissed the claim of James Faleke that he was the rightful candidate for the position, as well as threw out the application of the PDP candidate, ex-governor Idris Wada.

The decision of the seven-man panel was delivered by Justice Sankey without any dissenting voice: “Having listened to learned counsels in their respective briefs, I hereby hold that the appeal lacks merit. The judgment of the lower court on 4th August 2016, and the judgement of the tribunal, is hereby affirmed.”

Also dismissed was the application by Wada for ‎the court to order a fresh election.

The apex court has reserved September 30 to give reasons for its decision.

Faleke, a member of the House of Representatives was the running mate to the late Abubakar Audu, the APC governorship candidate who died hours before the final results of the November 2015 Kogi governorship election was concluded declared by the Independent National Electoral Commission.

Rather than field Faleke as the substantive candidate, the All Progressives Congress replaced the late Audu with Bello, who placed second in the party’s governorship primary.

Displeased by the substitution, Faleke challenged the party’s decision in court, arguing that he was the rightful candidate the party should have fielded having participated in the election.

His claim was dismissed by the Court of Appeal on the basis of Section 221 of the 1999 constitution, which states that only a political party could canvass votes — not individuals.

Also, the Court of Appeal dismissed the suit of the PDP and Wada in a split decision of four to one.

Making arguments in different appeals at the apex court on Tuesday, Alex Izinyon, INEC counsel, said the case is peculiar and prays the court to take cognisance of Section 141 of the Electoral Act to determine if Mr. Faleke has taken full part in the election.

Joseph Daudu, counsel to Bello, said Faleke, the appellant had failed to prove his grounds of his appeal right from the tribunal.

He said that Faleke based his arguments on Section 141 of the Nigeria electoral act, which states that the tribunal may not declare a candidate who has not fully participated in the said election, but this was irrelevant.

“Upon the death of Audu, the party (APC) informed INEC and INEC invited the party to substitute the late candidate who was the second runner-up,” Daudu said. “What could be fairer than that?”

Wole Olanipekun, counsel to Faleke, maintained that Bello did not participate in the election and was not the right candidate for the governorship position.

Oba Madubuchi, counsel of Idris Wada, former Kogi state governor and contestant for the Peoples Democratic Party (PDP) in the 2015 November governorship election, again urged the court to order a fresh election.

“APC cannot connive with INEC to impose a candidate on a people. They made a choice but the choice died,” he said.

“The Kogi people have a right to choose again their choice. A candidate is important in an election. I urge your lordship to order fresh election.”