Why Faleke cannot be declared Kogi governor- Supreme Court

The Supreme Court has given reasons why it upheld the election of Mr Yahaya Bello as the duly elected Governor of Kogi State.

The Court held that Mr‎ James Faleke, the deputy governorship candidate of the All Progressives Congress (APC) in the 2015 governorship election cannot be declared winner of the poll having failed to participate in the primary elections of the All Progressives Congress.


The apex court, among others, said that Faleke, whose joint ticket with the governorship candidate of the party, late Prince Abubakar Audu, had garnered 240,873 votes before Audu died, cannot benefit from the vote or take the place of Audu, because he did not meet the condition precedent.



In the reasons, advanced for the summary judgment, delivered on September 20, Justice Kudirat Kekere-Ekun, held that Faleke did not obtain nomination form, did not participate in the primary election and as such, cannot under any circumstances, be made the governorship candidate to replace Audu.


Besides, Justice Kekere-Ekun said that before the sudden death of Audu, after the November 21 governorship election, the Independent National Electoral Commission (INEC), had already declared the election inconclusive and that since the election, had not been completed and the final result issued by the electoral body, Faleke, as a running mate, cannot claim ‎victory in the election.


The apex court upheld the substitution of Yahaya Bello to replace Audu because in the face of the law, Bello obtained nomination form, took part in the primary election and came second, unlike Faleke who did not meet that condition.


Faleke’s Argument


Mr James Faleke of the All Progressives Congress (APC) had challenged the decision of the Kogi State governorship election petition tribunal which upheld the election of Yahaya Bello as the validly elected governor.


Mr James Falake was the deputy governorship candidate to late Abubakar Audu who died before the conclusion of the governorship election that was to see him elected as governor.


Yahaya Bello was then presented by the party, All Progressives Congress (APC) as replacement for Audu, a decision Mr Faleke challenged, arguing that he should have stepped into the position, having together with the late Audu gone through the election process.


He approached the Supreme Court after being dissatisfied with the judgement of the election tribunal and Appeal Court which both upheld Yahaya’s eligibility.


There had been four appeals against the Court of Appeal rulings with the Supreme Court expected to decide if Mr Bello should continue as Kogi governor or vacate office.


One of the appeals was by the immediate past governor of the state and candidate of the opposition PDP, Idris Wada.


The Supreme Court went ahead to uphold the election of Mr Yahaya Bello as the duly elected Governor of Kogi State.

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