Fresh::Faleke lacks legal right to file petitionagainst Bello – Tribunal

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The Kogi State Governorship Election Petition Tribunal sittting in Abuja ruled on Monday that the deputy governorship candidate of the All Progressives Congress inthe November 21, 2015 governorship election in the state,James Falake, lacked locus standi to file petitionchallenging the election of the incumbent GovernorYahaya Bello.Faleke was the running mate to the APC’s originalgovernorship candidate, the late Abubakar Audu, who wascoasting to victory but died after the November 21, 2015election was declared inconclusive by the IndependentNational Electoral Commission.Faleke had therefore filed his petition asking the tribunalto declare the substitution of Bello as the governorshipcandidate following Audu’s death in the December 6, 2015,was unlawful.He urged the tribunal to declare that the election wasalready conducted and concluded on November 21 beforeAudu’s death, and that he had already emerged as thedeputy governor-elect.He therefore asked the tribunal to declare him as the validsubstitute for the late Audu and should be returned as thegovernor-elect.But delivering its judgment on Faleke’s petition, the JusticeHalima Mohammed-led three-man panel held that Falekelacked legal right to file the petition after upholding Bello’spreliminary objection against it.The tribunal upheld the objection but decided to still goahead to decide the petition on merit.It upheld Bello’s objection to the effect that Faleke lackedlocus standi to file the petition having not been thegovernorship candidate upon the conclusion of theelection on December 6, 2015.It held that it was clear that Faleke was not nominated byits party, the APC, but instead the party nominated Bello asAudu’s replacement.The tribunal said it lacked the jurisdiction to questioninternal process of the party leading to the nomination forAudu’s replacement.It held that contrary to Faleke’s contention, the electionhad the November 21 poll had not been concluded andthus the right to challenge the outcome of the poll had notaccrued to him going by the provisions of the Electoral Act.Meanwhile, the tribunal is still considering the merit of theentire petition.

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