Governor Idris Wada of Kogi State and the Peoples Democratic Party (PDP) have asked a Federal High Court in Abuja to compel the Independent National Electoral Commission (INEC) to declare incumbent Governor Wada winner of the inconclusive governorship election held in the state November 21.
This was contained in a suit filed before the court on Thursday, with INEC, Attorney General of the Federation (AGF) and the All Progressives Congress (APC) as 1st, 2nd and 3rd defendants.
The plaintiffs, in a 36-paragraph supporting affidavit deposed to by the PDP State Collation Agent for the election, Joe Agada stated that with the demise of APC’s candidate, the two leading candidates became Wada with 199,514 votes and that of the Labour Party with 8, 756 votes.
The PDP and Wada contended that in view of the death of the candidate of the APC, Abubakar Audu, a vacuum had been created with no constitutional provision to make replacement.
He, therefore, argued that it was incumbent on INEC to declare him winner of the election and issue him with a Certificate of Return since he scored the second highest vote.
He also asked the court to compel the Independent National Electoral Commission to issue him with a Certificate of Return.
Wada and the PDP also filed another application praying the court to restrain INEC from conducting the supplementary election slated for December 5.
The plaintiffs are also seeking an order of injunction restraining APC from organising fresh primary election for the purpose of any supplementary or other election for the Kogi State governorship election 2015.
They argued that, “having regards to the provisions of Section 141 of the Electoral Act, 2010, votes scored by a candidate who died during an election cannot be inherited by or transferred to a person who was not a candidate at the said election and who did not participate in all stages of such election, for the purpose of concluding such election.”
They asked the court to nullify the AGF’s directives to INEC to allow APC to substitute its candidate for the Kogi governorship election after the commencement of an election, and that such directive inconsistent with the provisions of the constitution.
They urged the court to hold that APC could not lawfully nominate a candidate for the supplementary governorship election slated for December 5, 2015, without a valid and legally cognizable primary election of the APC conducted within the mandatory timeliness specified by the Electoral Act.
No date or judge has been assigned for hearing to the case.
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