The appeal filed by James Faleke, the running mate of the deceased Kogi State governorship candidate, Abubakar Audu, in last year’s governorship election has been dismissed on Thursday in Abuja by the Court of Appeal.
Faleke in the suit, stood against the emergence of Governor Yahaya Bello, as winner of the poll, trying to claim the mandate for himself.
After the death of Audu at the conclusion of the first round of the election held on 21st November, Yahaya Bello was used as a replacement as the governorship Candidate by the All Progressives Congress ( APC) while Faleke was placed as deputy governorship candidate.
Hence the Independent National Electoral Commission declared Bello as the winner of the election after the conclusion of the supplementary poll which took place in 91 polling units in the state on December 6, 2015.
Meanwhile Faleke had appealed to the appeal court challenging the judgment of the Kogi State Governorship Election Petitions Tribunal delivered on 6th June, which affirmed Bello as the duly elected governor following the 21st November election and the 6th December supplementary poll.
The court of Appeal’s panel of five justices who dismissed Faleke’s appeal, on Thursday resolved all the six issues raised by him.
Presiding Justice of the panel, Justice Jumai Hannatu,who read the lead judgment held that the tribunal was right to have dismissed Faleke’s petition.
The appeal court held that contrary to Faleke’s petition, he could not by virtue of sections 181(1) and 179(2) stepped in as the governorship candidate of the All Progressives Congress following the death of Audu and that Faleke could not have been declared winner of the poll on the strength of the votes by his and the late Audu’s joint ticket in the November 21 polled.
The court however held that contrary to the tribunal’s conclusion, Faleke had the locus standi to challenge the outcome of the election having contested the November 21 on a joint ticket with Audu, it held that he (Faleke) lacked the right to question the substitution of the governorship candidate done by the party.
