Declare me Kogi governor-elect – Faleke begs court

Abiodun Faleke (L) and Yahaya Bello

The political imbroglio in Kogi State has continued to raise more novel issues in the country’s legal system following the filing of a suit by James Faleke, the running mate to the late Abubakar Audu, the governorship candidate of the APC in the inconclusive November 21, 2015 governorship election in the state, praying the court to declare him governor-elect.


Faleke, in the suit instituted at the Federal High Court, Abuja, raised nine questions for determination among which are: “Considering the clear and unambiguous provisions of Sections 1(2) and 179 (2)(a) (b), 179(3)(a)(b), 179(4)(a)(b) and 179(5) of the 1999 Constitution, whether an election into the office of Governor of a state can be conducted in any other way or manner than as expressly stipulated in Section 179(2) (a)(b)(3)(a)(b)(4)(a)(b) and (5) of the Constitution.

“Considering the express provisions of Sections 1(2) and 179 (2)(a) and (b) of the Constitution, whether the 1st defendant is not constitutionally bound to declare a candidate as duly elected to the office of governor of a state who has the highest number of votes cast at the election to such office and who has not less than one quarter of all the votes cast in each of at least two thirds of all the local government areas in the state.

“Having regard to the clear provision of Section 181(1) of the Constitution, whether, upon the death of the person duly elected as governor of a state under section 179(2)(a) and (b) of the Constitution, the person, who was elected with him as deputy governor, is not to be sworn in as the governor of the state.”

The suit marked FHC/Abj/CS/977/2015 and filed by Wole Olanipekun, SAN, on behalf of Faleke, seeks among others, “A declaration that by the combined reading of Section 179(2)(a) and (b) and Section 181(1) of the Constitution, upon the death of a person duly elected as the governor of a state, the person elected with him as deputy governor is to be sworn in as the governor of the state.

“A declaration that the results declared by the 1st defendant following the governorship election in Kogi state on 21st November, 2015, produced a governor-elect of Kogi State in accordance with the express provisions of Section 179(2)(a) and (b) of the Constitution.

“A declaration that the results declared by the 1st defendant following the governorship election conducted in Kogi state on November 21 produced the plaintiff as the deputy governor-elect of Kogi State.

“A declaration that the 1st defendant’s decision that the governorship election held in Kogi State on November 21, 2015 is inconclusive, is unconstitutional, illegal, unlawful, irregular, null and void, of no legal effect whatsoever and ultra vires the powers of the 1st defendant.

“A declaration that the 1st defendant’s decision vide a ‘public notice’ issued by it on November 24, 2015 titled “Kogi Governorship Election 2015’ is unconstitutional, illegal, unlawful, irregular, null and void, of no legal effect whatsoever and ultra vires the powers of the 1st defendant.

“An order setting aside the 1st defendant’s decision that the governorship election held in Kogi State on November 24, 2015 is inconclusive.

“An order setting aside the decisions and/or directives of the 1st defendant contained in its ‘public notice’ dated November 24, titled “Kogi Governorship Election 2015.

“An order setting aside the directive contained in the ‘public notice’ issued by the 1st defendant on the 24th of November and titled ‘Kogi Governorship Election 2015,’ requesting the 2nd defendant, APC ‘to fill the vacancy’ created by the death of its candidate.

“An order mandating /directing the 1st defendant to make a return following the already announced results in the governorship election held in Kogi State on November 21, 2015.

“An order of injunction restraining the 1st and 2nd defendants, whether by themselves or national chairmen, commissioner(s), directors, legal advisers, agents, privies or through any person or persons howsoever from giving effect to or further acting on the decisions and/or directives of the 1st defendant contained in its public notice dated November 24, 2015.”

By Newswatch