Kogi: Tribunal to hear PDP, Wada’s petition Feb 10

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

Wada and his sponsor, PDP, had dragged the All Progressives Congress (APC), Governor Bello and the Independent National Electoral Commission (INEC) to the tribunal over the November 16, 2019 governorship election held in the state.

The electoral umpire on November 18, 2019, returned Bello as the duly elected governor of Kogi State.

But, 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 a petition against INEC, Bello and APC as the first, second and third respondents respectively.

The petitioners in their petition marked  EPT/KG/GOV/06/2019 are alleging that the election was characterised by irregularities, violence, ballot box snatching and stuffing of ballot boxes  as well as substantial non-compliance with the 1999 Constitution, electoral laws as well as INEC guideline.

Wada described the election as a charade and insisted that APC with the aid of security agents, rigged the election in favour of Bello and APC.

Consequently, 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.

The petitioners are consequently 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).

Further more, 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.

Alternatively, the petitioners are praying for an order directing INEC to conduct supplementary election in polling units where elections were cancelled, noting that the margin of lead between the second respondent and the first petitioner being Iess than the registered voters in the cancelled polling units.

In further alternative to the reliefs above, the petitioners want 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.

The three-man panel chaired by Justice Kashim G. Kaigama, on Wednesday, heard that counsel representing the parties had filed answers to the pre-hearing information. They also 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.

With that, 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.

The respondents also informed the tribunal of their respective motions seeking to strike out the petition, to strike out certain paragraphs of the petitioners reply to the first respondent’s reply to the petition as well as seeking an order of the tribunal setting aside the exparte order made on January 16.

After listening to the parties in the matter, the tribunal adjourned to February 10, for the commencement of the hearing of the petition.