An Appeal Court judge in Abuja on Thursday ruled that the election of Yahaya Bello as governor of Kogi State was flawed and should be annulled.
But a differing ruling by four other judges meant the minority judgement given by Justice Obande Ogbuinya could not be implemented.
Mr. Bello’s received two favourable rulings on Thursday.
In the first case, which followed a challenge by James Faleke, the five judges unanimously affirmed Mr. Bello as governor.
But Mr. Ogbuinya dissented in the second case filed by former Governor Idris Wada.
In his judgement, Mr. Ogbuinya held that the Kogi election tribunal was wrong in upholding the election of Mr. Bello since he did not partake fully in the entire election process.
Mr. Ogbuinya said Mr. Wada’s arguments were cogent.
He therefore ordered that the election of Mr. Bello be nullified and that the Independent National Electoral Commission should conduct a fresh election in 90 days.
But the other four judges said the grounds for Mr. Wada’s application did not align with constitutional provisions.
They said there was no constitutional provision for Mr. Wada to inherit votes from Abubakar Audu, the All Progressives Congress’ candidate who died before completion of the election.
Mr. Wada’s counsel, Goddy Uche, said the minority ruling proved that their application was valid, saying the former governor will take the matter to the Supreme Court.
(Source: PREMIUM TIMES)