A Federal High Court in Abuja on Friday struck out five suits challenging the November 21, 2015 governorship election in Kogi State for lack of Jurisdiction.
Justice Gabriel Kolawole, in his judgment, held that the court lacked jurisdiction to entertain the suits being post-election matters, which could only be determined by the election petition tribunal.
Kolawole said the court would not decide on an issue that could undermine the constitution of the country, adding that the court could only assume jurisdiction if it had the locus standi to do so.
He said: “I am not in doubt that all issues raised by the plaintiffs can be investigated and determined by the election petition tribunal.
“My own is not to declare the entire election or the inconclusive election null and void.
“These are the cases that the tribunal can consider.
“I hereby decline jurisdiction to grant all the reliefs sought by the plaintiffs.”
Kolawole also stroke out another suit filed by the running mate to the late Abubakar Audu in the November 21 governorship election in Kogi State, James Faleke.
Faleke had gone to the court to challenge the nomination of Yahaya Bello as Audu’s replacement by the APC for the Saturday supplementary election.
He also asked the court to declare him the substantive candidate of the APC being a candidate who did not suffer any political incapacitation and by virtue of his position in the race.
Faleke also submitted that the interpretation of the constitution could not be taken as an academic exercise.
Striking out Falelek’s case, Kolawole said his case could be heard and determined by the election petition tribunal when constituted by the President of the Court of Appeal.
The plaintiffs also asked the court among other things to determine the validity of the supplementary election to be conducted by the Independent National Electoral Commission in the state.
NAN.
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