The Court of Appeal sitting in Abuja on Thursday upheld the election of the Kogi State Governor, Yahaya Bello.
In upholding Bello’s election, the Court of Appeal dismissed the petition by an aspirant on the platform of the All Progressives Congress, James Faleke, and a former Governor of the State and candidate of the Peoples Democratic Party, Captain Idris Wada.
A five-member panel led by Justice Jumai Hannatu Sankey held that Faleke failed to substantiate his allegation that Bello was not qualified for the election.
Justice Sankey, who read the lead judgment, resolved all the six issues determined against the appellant.
The panel consequently upheld the judgment of the election tribunal and dismissed Faleke’s appeal.
Also on Thursday the Court of Appeal dismissed the appeal filed by Wada challenging the decision of the Kogi State Elections Petitions Tribunal, which upheld Bello’s victory.
In a split decision of four to one, the court held that Bello was validly substituted for the late Abubakar Audu, the APC governorship candidate, who died before the conclusion of the election.
Dismissing Wada’s argument that Bello was not qualified for the election because he did not participate in all stages of the election, the court held that the governor participated in all the stages “by virtue of his party participation and accrued interest”.
Justice Mojeed Owoade, who read the lead judgment, said the Independent National Electoral Commission was right to have merged the votes scored by Audu before he died and that of Bello in the supplementary election to return the APC candidate as winner.
The court, which resolved all the six issues determined against the appellant, held that Wada failed to prove his allegation that the election was held in violation of the Constitution and Electoral Act.
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