The Kogi State Governorship Election Petitions Tribunal has ruled that the running mate to late Prince Abubakar Audu in the last year’s Kogi state Governorship election, James Faleke has no locus standi to file any petition against the election of Yahaya Bello as Governor of the State.
The Tribunal, therefore, dismissed Faleke’s petition against Bello.
Faleke had gone to the Tribunal seeking his declaration that he was the valid candidate of the All Progressives Congress (APC) for the election and that he should be declared as Governor.
Faleke said that with the death of Prince Audu on the day the results of the initial election was being announced, he should have stepped into his shoes.
Faleke also asked the tribunal to declare that the election was already conducted and concluded on November 21 before Audu’s death, and that he had already emerged as the deputy governor-elect.
He therefore asked the tribunal to declare him as the valid substitute for the late Audu and should be returned as the governor-elect.
But delivering its judgment on Faleke’s petition, the Justice Halima Mohammed-led three-man panel held that Faleke lacked legal right to file the petition after upholding Bello’s preliminary objection against it.
The tribunal upheld the objection but still went ahead to decide the petition on merit.
It upheld Bello’s objection to the effect that Faleke lacked locus standi to file the petition having not been the governorship candidate upon the conclusion of the election on December 6, 2015.
It held that it was clear that Faleke was not nominated by its party, the APC, but instead the party nominated Bello as Audu’s replacement.
The tribunal said it lacked the jurisdiction to question internal process of the party leading to the nomination for Audu’s replacement.
It held that contrary to Faleke’s contention, the election had the November 21 poll had not been concluded and thus the right to challenge the outcome of the poll had not accrued to him going by the provisions of the Electoral Act.
Meanwhile, the tribunal is still considering the merit of the entire petition. [myad]
