Appeal Court Rejects Request To Sack Kogi Gov. Yahaya Bello

The Court of Appeal in Abuja has dismissed a case brought to
challenge the nomination of Yahaya Bello as a candidate in the
governorship election held in Kogi State in December 2015.

A three-man panel of the court, in a unanimous judgment on
Thursday, held that, not only was the suit filed late at the High
Court, the then plaintiffs (now appellants) did not show that they
have sufficient interest to protect by challenging Bello’s
nomination as a governorship candidate.

The judgment was on an appeal marked: CA/A/107C/2018, by Michael
Elokun, Ibrahim Sule and Hawa Audi.

In the judgment read by Justice Stephen Adah, the appellate
court upheld the March 20, 2018 judgment by Justice John Tosho of
the Federal High Court, Abuja, where he held that the plaintiffs
not only lacked losus standi, they did not properly invoke the
court’s jurisdiction having filed the suit almost two years after
the election was held.

Elokun, Sule and Audi (who claimed to be registered voters in
Kogi State) had sued before the Federal High Court, Abuja on 16
June 2017 to challenge Bello’s nomination by the All Progressives
Congress (APC) as its candidate for the governorship election held
in December 2015.

The plaintiffs claimed that Bello was not a registered voter in
Kogi State and therefore, was not eligible to have been nominated
as a candidate for election that was held in the state.

They prayed the court to, among others, disqualify Bello and
declare Captain Idris Wada of the Peoples Democratic Party (PDP)
winner of the election.

In his judgment in 2018, Justice Tsoho upheld the objection
raised by Bello, to the effect that the plaintiffs lacked the locus
standi to institute the suit.

Justice Tsoho noted that the plaintiffs were neither members of
the APC nor aspirants in the primary election from which Bello
emerged as the candidate of the party in the governorship
election.

The judge held that the plaintiffs, who claimed to be registered
voters in Kogi State, were not the only voters in the state.

He further held that the subject matter of the suit was not
within the jurisdiction of the court as it was not a pre-election
matter.

Justice Tsoho held the suit was bound to fail because it was
filed almost two years after the election was held and the winner,
Bello assumed office as the democratically-elected governor of
Kogi.

Listed with Bello as defendants in the case are the APC, the
PDP, the Independent National Electoral Commission (INEC) and the
Attorney-General of the Federation.

The Court of Appeal in Abuja has dismissed a case brought to
challenge the nomination of Yahaya Bello as a candidate in the
governorship election held in Kogi State in December 2015.

A three-man panel of the court, in a unanimous judgment on
Thursday, held that, not only was the suit filed late at the High
Court, the then plaintiffs (now appellants) did not show that they
have sufficient interest to protect by challenging Bello’s
nomination as a governorship candidate.

The judgment was on an appeal marked: CA/A/107C/2018, by Michael
Elokun, Ibrahim Sule and Hawa Audi.

In the judgment read by Justice Stephen Adah, the appellate
court upheld the March 20, 2018 judgment by Justice John Tosho of
the Federal High Court, Abuja, where he held that the plaintiffs
not only lacked losus standi, they did not properly invoke the
court’s jurisdiction having filed the suit almost two years after
the election was held.

Elokun, Sule and Audi (who claimed to be registered voters in
Kogi State) had sued before the Federal High Court, Abuja on 16
June 2017 to challenge Bello’s nomination by the All Progressives
Congress (APC) as its candidate for the governorship election held
in December 2015.

The plaintiffs claimed that Bello was not a registered voter in
Kogi State and therefore, was not eligible to have been nominated
as a candidate for election that was held in the state.

They prayed the court to, among others, disqualify Bello and
declare Captain Idris Wada of the Peoples Democratic Party (PDP)
winner of the election.

In his judgment in 2018, Justice Tsoho upheld the objection
raised by Bello, to the effect that the plaintiffs lacked the locus
standi to institute the suit.

Justice Tsoho noted that the plaintiffs were neither members of
the APC nor aspirants in the primary election from which Bello
emerged as the candidate of the party in the governorship
election.

The judge held that the plaintiffs, who claimed to be registered
voters in Kogi State, were not the only voters in the state.

He further held that the subject matter of the suit was not
within the jurisdiction of the court as it was not a pre-election
matter.

Justice Tsoho held the suit was bound to fail because it was
filed almost two years after the election was held and the winner,
Bello assumed office as the democratically-elected governor of
Kogi.

Listed with Bello as defendants in the case are the APC, the
PDP, the Independent National Electoral Commission (INEC) and the
Attorney-General of the Federation.