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Court Affirms Gov Bello’s Election

The Court of Appeal, Abuja division yesterday upheld the election of Governor Yahaya Bello as the duly elected governor of Kogi State on the platform of the All Progressives Congress (APC).

The court dismissed the appeal filed by Chief James Abiodun Faleke, a member of the House of Representatives and a deputy governorship candidate under APC for lacking in merit.

In a unanimous judgment delivered by Justice Jummai Hanatu-Sankey, the court held that Governor Bello was properly nominated by his party, the APC in compliance with section 33 of the Electoral Act 2010, following the death of Prince Abubakar Audu who was the initial candidate of the party at the poll.

The appellate court held that the issues raised by Faleke in his petition challenging the nomination of Yahaya Bello as successor to the late Prince Abubakar Audu during the supplementary election of December 6, 2015, was an internal affair of the party, the right of which was exercised by the party in the substitution.

Justice Sankey said that the petition of Faleke was fallacious and ought not to have been entertained in court in the first instance because of the failure of Faleke to join the APC as a defendant in the matter since it was the party that carried out the substitution complained against by Faleke.

The Appeal Court said that the failure of Faleke to join APC in his petition was fatal to his case  and that the case cannot stand in the face of the law in the absence of the All Progressives Congress which carried out the substitution.

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