The Federal High Court sitting in Abuja presided over by Justice Gabriel Kolawole yesterday, stated it will deliver judgment in the four suits challenging the decision of the Independent National Electoral Commission (INEC) to conduct a supplementary election in Kogi State on December 5, 2015.
This, according to Justice Gabriel Kolawole, was to avoid a situation whereby the rerun would be conducted under a grave shadow of doubt over its legal validity. This is even as the Audu family rejected Alhaji Yahaya Bello as the All Progressives Congress (APC) replacement for the late Prince Audu, who died on November 22 just before INEC declared the election inconclusive and ordered a rerun.
Although the APC is yet to be served with the processes, the court has consolidated the multiple suits and reduced the issues canvassed for determination to only three. This was after counsel narrowed the issues to only those concerning the law to the exclusion of others in view of the urgency of the matter.
The plaintiffs’ lawyers told the court that they were unable to effect service on the APC which is listed as the third defendant in view of the crisis at its secretariat in Abuja.
The lawyers are Mr. Goddy Uche (SAN) for Governor Idris Wada and Johnson Usman, Victor Eden for Emmanuel Igbokwe, while T.M Inuwa and Mrs. Maimuna Shiru appeared for INEC and the Attorney-General of the Federation respectively.
The judge also stated he would not be tempted to invoke the provisions of Section 295 (2) which give him the powers to refer the matter to the Court of Appeal for constitutional interpretation since time is of essence.
The plaintiffs in the suits are Governor Wada, Emmanuel Daiko of People for Democratic Change, Emmanuel Igbokwe – a member of the House of Representatives, PDP, Imo State and Johnson Usman who described himself as an eligible voter.
In his suit, Wada is praying the court to declare him winner of the November 21 election, while Usman, Emmanuel Daikwo and Igbokwe were asking the court to conduct a fresh election.
INEC had on November 22 declared the Kogi State guber election inconclusive and announced that a supplementary election will be conducted to determine a clear winner.