Former running mate to the late Prince Abubakar Audu in the last
November 21 Kogi State governorship election, James Faleke, has urged
the Court of Appeal in Abuja to set aside the election tribunal’s
verdict which upheld Yahaya Bello as governor.
In the appeal based on 35 grounds, Faleke is challenging the tribunal’s
decision, except the part of the preliminary objection resolved in his
favour.
He is praying for an order setting aside the judgment delivered on June
6, and an order granting all the reliefs sought in the petition.
Through his lawyer Chief Wole Olanipekun (SAN), Faleke said the tribunal
erred in law by refusing to grant his reliefs, particularly an order
directing him to be sworn in as governor for the reason that there was
no declaration made after the election.
He said: “One of the major reasons why the appellant instituted the
petition at the lower tribunal was the failure of the first respondent
(Independent National Electoral Commission) to make a declaration and
return from the election of 21st November, 2015.
“The lower tribunal failed to consider whether there was any
constitutional justification for the failure of the first respondent to
make a return from the election.
“It failed to consider whether there was any constitutional basis for
the declaration of the November 21, 2015 election as inconclusive. It
merely based its decision in refusing the appellant’s claims on the
failure of the first respondent to perform its statutory duty,” he said.
The appellant further argued that the tribunal was wrong to hold that he
does not have the locus standi to present the petition before it.
Faleke said the reason given by INEC for declaring the election as
inconclusive was that the margin of win between the joint ticket of
Prince Abubakar Audu and appellant and the Wada/Awoniyi ticket, which
was 41,353 votes, was less than the total number of registered voters in
the 91 polling units were INEC decreed a supplementary election to
hold.
Title : Faleke Appeals Kogi Tribunal’s Verdict
Description : Former running mate to the late Prince Abubakar Audu in the last November 21 Kogi State governorship election, James Faleke, has urged t...
