Court Decides Bello’s Fate Jan. 20 – TheNigerialawyer

The Abuja division of the Federal High Court, Abuja, will on
January 20, 2020, deliver judgment in a suit challenging the
eligibility of Governor of Kogi State, Yahaya Bello to participate
in the November 16 governorship election over alleged double
registration.

The suit was brought by a governorship candidate in the recent
governorship election in Kogi State, on the platform of Social
Democratic Party (SDP), Natasha Apoti.

Justice Inyang Ekwo fixed the date Friday shortly after parties
in the matter adopted their briefs of argument.

Apoti had dragged Bello to court over alleged double
registration, an act said to be offensive to the electoral
laws.

Backed by her counsel, Chief Mike Ozekhome (SAN), the aggrieved
politician is seeking the disqualification of Bello in the November
16 governorship election in the state on the grounds that he was
not qualified to contest the election on account of alleged double
registration.

She listed defendants in the suit to include the All
Progressives Congress (APC), the Independent National Electoral
Commission (INEC) and Kogi State Governor, Yahaya Bello.

While adopting his brief of argument, Ozekhome urged the court
to make a consequential order that Bello was not qualified to have
contested the election having registered in both Abuja and Lokoja,
capital city of Kogi, an offence against Section 24 of the
Electoral Act.

Ozekhome told the court that the case is not a pre election
matter that requires time limit to file but a case of fraud, which
could be filed anytime.

He submitted that the 2nd defendant, INEC already admitted it
committed an error to have registered Bello twice but according to
Ozekhome, INEC said its hands were tied to do anything now because
of the governor’s immunity.

INEC has said on television that it committed a grave error by
registering him (Bello) twice in Abuja and Lokoja, saying if not
for immunity, they would have moved against him.”

Ozekhome insisted that when fraud is involved, as the instant
case, time of filing is not an issue.

In his submission, counsel to the APC, Abdulwahab Mohammed,
urged the court to dismiss the suit, while questioning the
competence of the court to entertain the matter.

He said it was a pre election issue, which is staled because
time allowed to file a pre election matter has already elapsed.

He argued further: “The electoral act is very clear on this,
only a person who has been convicted that cannot stand election.
Bello has not been convicted, he is not on trial, the case is only
an academic exercise. I urged my Lord to dismiss the suit.”

In his submission, counsel to the 2nd defendant – INEC – Al
Hassan Umar (SAN) , argued along the same line, and urged the court
to dismiss the suit.

Umar also said INEC was challenging the jurisdiction of the
court to entertain the matter, saying the 3rd defendant has not
been charged or convicted to warrant being disallowed to contest an
election.

He submitted further that mere suspicion of alleged double
registration or an offence “bordering on fraud was not enough to
disqualify anyone through administrative tribunal”

He therefore urged the court to dismiss the case in its entirety
and award cost against the plaintiff for wasting the time of the
court and counsel.

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