Kogi: Court to rule on SDP’s flag bearer suit Nov. 7
BY Andrew Orolua, Abuja
The Federal High Court, Abuja will on November 7, deliver judgment in the suit filed by the candidate of the Social Democratic Party (SDP), Natasha Akpoti, challenging her exclusion from the forthcoming governorship election in Kogi state.
Justice Folashade Ogunbiyi-Giwa fixed the date for judgment after taken submissions of counsels on the propriety or otherwise of the suit.
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Akpoti, her deputy, Adams Khalid and the SDP had approached the court to challenge their exclusion from the 2019 Kogi state governorship poll by the Independent National Electoral Commission (INEC).
The commission had refused to accept the candidature of Khalid in replacement of the earlier nominated deputy governorship candidate, Mohammed Yakubu, on the grounds that Yakubu was not qualified in the first place to be fielded as a deputy governorship candidate in the election on account of his age.
The plaintiffs in the suit marked FHC/ABJ/CS/1129/2019 and filed on October 3 by their lawyer, Ola Olanipekun (SAN) are seeking a declaration that INEC’s decision that the nomination of Yakubu as the SDP deputy governor in the November 16 gubernatorial election is invalid on the grounds of qualification is ultra vires to the statutory powers of INEC and is therefore, null and void.
The plaintiffs in addition prayed the court to declare that the refusal of INEC to recognise Yakubu as the substituted deputy governorship candidate of the SDP is unlawful and unconstitutional ab initio.
“A declaration that the purported rejection and or disqualification of the nominated candidates of the SDP for any reason whatsoever is ultra vires to the duties, powers and responsibility of the defendant.
“An order setting aside the defendant’s letter Ref: INEC/LEG/PP/23/T/107 and letter Ref: |NEC/LEG/PP/23/T/IO9, addressed to the chairman of the third plaintiff, same being unconstitutional, null and void ab initio.
“An order of perpetual injunction restraining the defendant, its commissioners, officers, staff, agents and privies from giving effect to its decision to reject/disqualify the first and second plaintiffs, as the governorship and deputy governorship candidates of the third plaintiff in the Kogi state governorship election.
“An order of mandatory injunction that the defendant should place the names of the first and second plaintiffs on its list of candidates for the Kogi state governorship election and further place the name and logo of the third plaintiff on the ballot paper for the governorship election,” they pleaded.
Counsel to the plaintiffs, Olanipekun (SAN) in his argument submitted that the duty of disqualification of any candidate in an election is that of the court and not that of INEC.
He further argued that the rejection of the substitute was unlawful because it was made 45 days before the governorship election, adding that the substitution was sequel to a voluntary withdrawal of the first nominated deputy governorship candidate, whose letter of withdrawal was forwarded to INEC.
However, in a counter argument to the motion, INEC’s counsel, Tanimu Inuwa (SAN) disclosed that the plaintiffs in a letter dated September 19 and addressed to the INEC chairman, admitted that the first deputy governor nominee was not qualified to contest the election on account of his age and urged the court to dismiss the suit.
Justice Ogunbiyi-Giwa after listening to their arguments fixed November 7 for judgment.
