TheCitizen - It's all about you
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials
No Result
View All Result
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials
No Result
View All Result
TheCitizen - It's all about you
No Result
View All Result

Kogi Supplementary Election: Court declines Faleke, Wada, others’ prayers to stop INEC

The Citizen by The Citizen
December 5 2015
in Headlines, Latest News, Uncategorized
A A
0

Justice Gabriel Kolawole of the Federal High Court, Abuja yesterday declined jurisdiction over the five suits filed in relation to the dispute arising from the inconclusive governorship election in Kogi State.

The judge, in two judgments he delivered, dismissed the suits by the state governor, Idris Wada and his party, the Peoples Democratic Party (PDP), the running mate to Abubakar Audu,  the deceased governorship candidate of the All Progressives Congress (APC), James Faleke, and three others, on the ground that his court lacked the jurisdiction to determine the issues raised.

Justice Kolawole said the issues raised were election related and had crossed the “threshold” of matters on which the court could exercise jurisdiction because the election results in most of the polling units had been declared.

He added that the suits qualified as a post-election dispute that could only be entertained by the election petition tribunal which would be set up by the President of the Court of Appeal in line with section285(2) of the Constitution.

The judge said he refrained from looking at the merit of the cases to enable parties re-argued the issues involved at the election petition tribunal.

By implication, the supplementary election scheduled for the state tomorrow, by the Independent National Electoral Commission (INEC), is unhindered, because the suits had, among others, sought to restrain INEC from proceeding with the supplementary election.

The first was on four consolidated suits filed by Wada, Emanuel Daiko, who claimed to have contested the election as a candidate of the People for Democratic Change (PDC); Raphael Igbokwe (a PDP member of the House of Representatives from Imo State) and Stephen Wada Omaye and a Johnson Jacob Usman (who claimed to be an indigene of the state, a registered voter and a lawyer.

The second judgment was on the suit by Faleke. Wada had, in the main, urged the court to compel INEC to declare him winner of the election, on the ground that he is the only surviving candidate in the election who scored the second highest votes after the deceased candidate of the APC.

Faleke, on his part, faulted the decision by the Independent National Electoral Commission (INEC) to declare the election inconclusive; asked the court to among others compel INEC to declare his joint ticket with the late Abubakar Audu winner of the election and to restrain it (INEC) from proceeding with its planned supplementary election.

In dismissing the suits, the judge upheld arguments by lawyers to INEC (first defendant) and the Attorney-General of the Federation (second defendant), Adegboyega Awomolo  (SAN) and T. A Gazali, to the effect that the court was without the requisite jurisdiction to determine the cases, which border on the outcome of an election already held.

It was also their argument that it was within the INEC’s powers to conduct the supplementary election.

The judge held that all the suits, being similar except in their “styles of presentation”, were rooted in events which had crossed “the threshold mark” of cases which the Federal High Court could accommodate under its jurisdiction specified under section 87(10) of the Electoral Act.

“By this, the event of the election held on November 21, 2015 was not within the contemplation of the said provision and because substantial results were already released and announced, the electoral process, in my view, has crossed the threshold mark of an event in which only the governorship election tribunal as will be constituted by the President of the Court of Appeal pursuant to section 285(2) of the Constitution can entertain,” Justice Kolawole said.

He added that since his court lacked the power to grant the prayers sought by the plaintiffs, it would amount to “idle judicial indulgence” for it to go ahead to evoke its interpretative jurisdiction of the law under section 251 (1)(ii) of the Constitution.

The judge further held that his judgment did not affirm the validity or correctness of INEC’s decision to declare the November 21 election inconclusive and to hold a supplementary election.

He said issues raised in the suits, having not been decided on its merit, could be re-argued at the election petition tribunal after the conclusion of the election and the winner declared by INEC.

“The interpretation of the provision of the Constitution cannot be an exercise the court will entertain in vacuum but must relate to a controversy which the provision of the Constitution are to be interpreted are meant to resolve and or determine

“When I pondered over and over each of the reliefs being sought, even in the broad sense into which they have been compartmentalised, the conclusion which I have reached is not that I have, by any stretch of the construction of any of the provisions of the laws cited by counsel, affirmed the correctness of the decision of the first defendant (INEC) to declare the election held on November 21, 2015 as inconclusive and or to affirm the validity of the supplementary election that is scheduled for December 5, 2015.

“These are legitimate issues which this court would be entitled to resolve were it that I have jurisdiction to grant the reliefs, perhaps the principal reliefs being sought in all of the four suits which were tagged as consolidated suits on December 3, 2015.

“To proceed to affirm or otherwise the first defendant’s decision by which the election was declared inconclusive and to hold the supplementary election will be nothing short of exercising jurisdiction which I don’t seem to have. The jurisdiction which this court has exercises is as provided for in section 87 (10) of the Electoral Act supra,” Justice Kolawole said.

While the court proceedings lasted, supporters of both Wada and Faleke, who bore placards and banners with various messages of support for their preferred candidate, danced and sang right in front of the court’s entrance.

Some sat close to the entrance, smoking cigarette and drinking alcohol. Men of the Nigeria Police Force, kept watch all through.

On learning about the court’s pronouncement, the dejected supporters stopped their activities and departed quietly.

Previous Post

Court’s ruling vindicates our position on Kogi supplementary poll—INEC

Next Post

China, a dependable partner in our change agenda – Buhari

Related Posts

Osun Election: NHRC seeks Fadahunsi’s arrest as Adeyanju writes UK, US for visa ban
Latest News

Osun govt sues Fadahunsi over ‘Kill Accord members’ threat

August 13 2026
Lives of All Nigerians Carry Equal Value: ICADAR responds to Senate, House calls for reconsideration of Police withdrawal from VIPs
Governance

State Police: Presidency extends memorandum submission deadline

August 13 2026
Gov. Mbah inspects Enugu Hospital, targets medical tourism market
Latest News

Gov. Mbah inspects Enugu Hospital, targets medical tourism market

August 13 2026
Osinbajo, Fashola, Ajimobi’s wife, others attend Kemi Adeosun’s husband’s burial service
Latest News

Osinbajo, Fashola, Ajimobi’s wife, others attend Kemi Adeosun’s husband’s burial service

August 13 2026
Osun Election: NHRC seeks Fadahunsi’s arrest as Adeyanju writes UK, US for visa ban
Latest News

Osun Election: NHRC seeks Fadahunsi’s arrest as Adeyanju writes UK, US for visa ban

August 13 2026
ADC raises alarm over plan to arrest Aregbesola
Latest News

ADC raises alarm over plan to arrest Aregbesola

August 13 2026
Next Post

China, a dependable partner in our change agenda - Buhari

U.S warns of possible terror attacks in Nigeria

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

FROM THE GRASSROOTS

Lagos Council defies NLC directive to skip Pro-Tinubu Group inauguration

Lagos Council defies NLC directive to skip Pro-Tinubu Group inauguration

by The Editor
August 12 2026
0

...

Federal High Court relocates Lagos division to new complex

Federal High Court relocates Lagos division to new complex

by The Editor
August 6 2026
0

...

Kano Assembly suspends three LG chairmen for alleged misconduct

Kano Assembly suspends three LG chairmen for alleged misconduct

by The Editor
August 4 2026
0

...

NDDC trains traditional birth attendants to reduce maternal, newborn deaths

NDDC trains traditional birth attendants to reduce maternal, newborn deaths

by The Editor
July 29 2026
0

...

APPOINTMENTS

Police IG deploys new CPs to eight states, other formations

Police IG deploys new CPs to eight states, other formations

by The Editor
August 7 2026
0

...

Katsina governor swears in four permanent secretaries

Katsina governor swears in four permanent secretaries

by The Editor
August 6 2026
0

...

Rivers State not for political war, says Fubara

Gov. Fubara swears in 12 perm secs, urges commitment

by The Editor
July 31 2026
0

...

Tinubu appoints new special adviser on House of Reps matters

Tinubu appoints new special adviser on House of Reps matters

by The Editor
July 27 2026
0

...

ODDITIES

Celestial Church begins probe into Temitope Osoba’s death

Celestial Church begins probe into Temitope Osoba’s death

by The Editor
August 13 2026
0

Indimi joins appeal against $43.5m judgement award to daughters

Indimi joins appeal against $43.5m judgement award to daughters

by The Editor
August 6 2026
0

Nigerian woman in Canada demands husband swear oath against cheating before visa sponsorship

Nigerian woman in Canada demands husband swear oath against cheating before visa sponsorship

by The Editor
July 23 2026
0

GLOBAL NEWS

WHO sounds alarm on ebola outbreak

by The Editor
August 13 2026
0

...

Rescuers scramble for survivors with 180 dead in Colombia earthquake

Rescuers scramble for survivors with 180 dead in Colombia earthquake

by The Editor
August 12 2026
0

...

Trump hides in catering truck to evade alleged Iran threat

Trump hides in catering truck to evade alleged Iran threat

by The Editor
August 11 2026
0

...

EU denies pulling out of Nigeria’s 2027 election observation

EU denies pulling out of Nigeria’s 2027 election observation

by The Editor
August 10 2026
0

...

Queen Elizabeth dies at 96, Charles becomes King

UK radio broke rules in announcing king’s death — Official

by The Editor
August 10 2026
0

...

State of the States

Lagos leads January 2026 FAAC allocations with N55.83bn

Sanwo-Olu inducts 1,000 as Lagos internship beneficiaries hit 8,000

by The Editor
August 13 2026
0

...

Gov. Adeleke deposes Oba Joseph Oloyede, Apetu of Ipetumodu

Gov. Adeleke declares Friday work-free day for Osun workers

by The Editor
August 12 2026
0

...

Why Kano govt spent N1.5bn on mass wedding – Gov. Yusuf

Why Kano govt spent N1.5bn on mass wedding – Gov. Yusuf

by The Editor
August 10 2026
0

...

Kebbi governor convenes emergency security meeting

Kebbi governor convenes emergency security meeting

by The Editor
August 6 2026
0

...

Plugin Install : Widget Tab Post needs JNews - View Counter to be installed
  • Trending
  • Comments
  • Latest
Time to clampdown on sexual offenders – The Guardian

Edo records over 70 minors’ defilement cases in seven months

August 13 2026
Nigerian airlines to commence direct flights to UAE

NCAA to sanction airlines preventing workers’ union

August 13 2026
Osimhen ends transfer saga with Galatasaray loan move

Arsenal open Osimhen talks with Galatasaray

August 13 2026
Seyi Makinde picks former DSS DG as APM presidential running mate

Seyi Makinde picks former DSS DG as APM presidential running mate

August 13 2026

EDITORIAL REVIEW

Stop recruiting youths for election violence – Punch

Stop recruiting youths for election violence – Punch

by The Editor
August 12 2026
0

‘Fake’ Agency: Adeyemi insists DG appointment genuine

Country of ghost workers, ghost MDAs – Punch

by The Editor
August 11 2026
0

FG embarks on expansion, decongestion of custodial centres

Prison reform can’t wait any longer – Punch

by The Editor
August 9 2026
0

Osun’s toxic election buildup – Punch

Osun’s toxic election buildup – Punch

by The Editor
August 7 2026
0

We need strong civil aviation authority – Punch

We need strong civil aviation authority – Punch

by The Editor
August 6 2026
0

Opinion

Airtime credit dispute and need for clarity

Airtime credit dispute and need for clarity

by The Editor
August 5 2026
0

...

Tinubu swears in four Permanent Secretaries, INEC commissioner

Tinubu: The Audacity to Hope – Three years after

by The Editor
July 31 2026
0

...

Remi Tinubu under fire over akara, roasted corn remarks

Beyond ‘akara’ leadership

by The Editor
July 6 2026
0

...

Trump’s U-turn on Iran war ends Israel’s Middle East dream

Trump’s U-turn on Iran war ends Israel’s Middle East dream

by The Editor
June 17 2026
0

...

Plugin Install : Popular Post Widget need JNews - View Counter to be installed
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials

© 2026 TheCitizen Ng. All Rights Reserved.

No Result
View All Result
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials

© 2026 TheCitizen Ng. All Rights Reserved.