Kogi Election: Hearing on PDP, Wada’s petitions fixed for Feb 10

The Kogi State Election Petition Tribunal sitting in Abuja, has fixed February 10 for pre-hearing on the petitions filed by the Peoples Democratic Party (PDP) and its governorship candidate, Engineer Musa Wada.

The All Progressives Congress (APC), Governor Yahaya Bello and the Independent National Electoral Commission (INEC) was dragged to the tribunal by the petitioner over the November 16, 2019 governorship election held in the state.

The INEC had November 18, 2019, returned Bello as the duly elected governor of Kogi State.

Not satisfied with the outcome of the election as declared by INEC, the aggrieved PDP and its candidate on December 14, 2019, approached the tribunal with three volumes of petitions against INEC, Bello and APC as the first, second and third respondents respectively.

In a suit No.EPT/KG/GOV/06/2019, the petitioner are alleging the election outcome, alleging that it was characterized by irregularities, violence, ballot box snatching and stuffing as well as substantial non-compliance with the 1999 Constitution, electoral laws as well as INEC guideline for governorship elections.

Against this background, the petitioners are asking the tribunal to determine and declare that the second respondent  (Bello) was not duly elected and/or returned by a majority of lawful votes cast during the election. 

They are also seeking a declaration that neither the second nor the third respondent scored the majority of lawful votes cast at the election to the office of the Governor of Kogi State. 

Consequently, they are asking the tribunal to issue an order nullifying the Certificate of Return issued to Bello by INEC and

in addition, issue an order nullifying the entire governorship election conducted in the state by reason of substantial non-compliance with the provisions of the Constitution and extant Electoral Act 2010 (As amended).

Moreover, Wada is seeking an order declaring that he scored the majority of votes cast at the election and that having fulfilled the requirements of section 179(2)(a) and (b) of the Constitution, he is the winner by majority of lawful votes cast and thus returned elected.

They are also praying for an order directing INEC to conduct supplementary election in  polling units where elections were cancelled, and a declaration that the election of November 16 and the subsequent declaration and return of the second respondent are voided by corrupt practices in breach of the provisions of the Electoral Act, 2010 (As amended), which substantially affected the results of the election

Justice Kashim G. Kaigama, Wednesday, counsel to parties announced different days they filed answers to the pre-hearing information and respectively adopted same answers.

Responding, Justice Kaigama expressed the readiness of the tribunal to begin the hearing and determination of all applications, determination of number of witnesses and the date of hearing of the petition proper.

Counsel to the petitioners, Jibril Okutepa (SAN), told the tribunal that he has filed three motions seeking to strike out certain paragraphs of the second and third respondents reply and also, for the court to grant petitioners leave to inspect election materials.

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