An Appeal Court judge in Abuja on Thursday ruled
that the election of Yahaya Bello as governor of Kogi State was flawed and
should be annulled.
But a differing ruling by four other judges
meant the minority judgement given by Justice Obande Ogbuinya could not be
implemented.
Mr. Bello’s received two favourable rulings
on Thursday.
In the first case, which followed a challenge
by James Faleke, the five judges unanimously affirmed Mr. Bello as governor.
But Mr. Ogbuinya dissented in the second case
filed by former Governor Idris Wada.
In his judgement, Mr. Ogbuinya held that the
Kogi election tribunal was wrong in upholding the election of Mr. Bello since
he did not partake fully in the entire election process.
Mr. Ogbuinya said Mr. Wada’s arguments were
cogent.
He therefore ordered that the election of Mr.
Bello be nullified and that the Independent National Electoral Commission
should conduct a fresh election in 90 days.
But the other four judges said the grounds
for Mr. Wada’s application did not align with constitutional provisions.
They said there was no constitutional
provision for Mr. Wada to inherit votes from Abubakar Audu, the All
Progressives Congress’ candidate who died before completion of the election.
Mr. Wada’s counsel, Goddy Uche, said the
minority ruling proved that their application was valid, saying the former
governor will take the matter to the Supreme Court.
sunnewsonline
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