Captain Idris Ichalla Wada & Ors V. Yahaya Bello & Ors (2016)

LawGlobal-Hub Lead Judgment Report

MOJEED ADEKUNLE OWOADE, J.C.A. 

This is an appeal against the decision of the Kogi State Governorship Election Tribunal Coram H. S. Mohammed (Chairman), P. L Ajoku and V. E. Ejenu JJ. delivered on 7th June, 2016 in the petition by the Appellants challenging the return of the 1st respondent as winner of the election conducted by the 3rd respondent on 21st November, 2015 and 5th December, 2015 to the office of Governor of Kogi State.

The said Governorship election commenced on 21st November, 2015 and before the results was fully collated announced, the initial candidate of the 3rd Appellant in the election prince Abubakar Audu died. At the end of the collation of results on 22nd November, 2015 the 3rd Respondent declared the Election inconclusive because the margin of win between the said Prince Abubakar Audu and the 1st Appellant was less than the total number of registered voters in 91 polling units where elections was cancelled on 21/11/2016.

After the Election was declared inconclusive by a letter dated 23rd November, 2015 the 2nd Respondent informed the 3rd Respondent that its Governorship candidate Prince Abubakar Audu had

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died. Upon receipt of the news of the death of the 2nd Respondent’s candidate by a public notice dated 24th November, 2015 the 3rd Respondent took the decision to conclude the Kogi State Governorship Election by conducting supplementary election on 5th December, 2015 in the said 91 polling units affected by the said cancellation and to allow the 2nd Respondent fill the vacancy created by the death of its candidate. On 5th December, 2015 the said supplementary election was conducted in the 91 polling units where the 2nd Respondent represented by the 1st Respondent scored 6,885 votes where the 1st Appellant scored 5,383 votes.

Upon the addition of the results of the aforesaid supplementary election with the result of the elections held on November 21, 2015 the 2nd Respondent represented by the 1st Respondent scored the highest number of lawful votes cast in the said election and also met the constitutional requirement of securing one quarter of all the votes cast in each of at least two third of Local Government Areas of Kogi State.

?The 1st Respondent and Hon. James Faleke were issued certificates of Return which Hon. James Faleke rejected. Based on

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the certificate of Return, the 1st Respondent was sworn in as Governor of Kogi State.

Dissatisfied with the said election and return of the 1st Respondent the Appellants filed their petition on 22nd December, 2015.

In the petition, the Appellants petitioners proceeded on three alternative grounds namely:

(a) That the 1st Respondent was not duly elected by the majority of lawful votes cast at the election, or

(b) That the 1st Respondent was at the time of the election not qualified to contest the election, or