Ninety-one polling units would take part in today’s supplementary governorship elections in Kogi State, following the judgement of a Federal High Court in Abuja, which declined jurisdiction over the multiple cases filed by the candidates of the People’s Democratic Party (PDP), Captain Idris Wada, the Peoples Democratic Change (PDC) and Honourable James Faleke of the All Progressives Congress (APC).
As in Kogi, in Bayelsa, the battle line is drawn between PDP and APC.
The uncertainty over whether or not the Independent National Electoral Commission (INEC) would go along with the scheduled supplementary elections in the 91 polling stations of Kogi State today was settled by the judgment of the Federal High Court presided over by Justice Gabriel Kolawole who in his judgement, declined jurisdiction and okayed that the commission proceeds with the concluding part of the election.
The incumbent Governor of Kogi State and candidate of PDP in the November 21, 2015, Captain Idris Wada had approached the High Court to compel INEC to declare him winner of the inconclusive elections which would have stalled the conduct of the polls today.
Similarly, James Faleke of APC also approached the High Court challenging the decision of the his party in choosing Mr. Yahaya Bello as replacement for the late candidate of the APC in the inconclusive election, Prince Abubakar Audu in which he was a running mate as well as to stop the supplementary elections.
According to Justice Kolawole, only the election petition tribunal had the jurisdiction to hear the cases and further permitted INEC to continue with the supplementary election in the state, scheduled for today, Saturday, December 5.
His words, “Only the election petition can entertain this case. The court does not have the affirmation to make definitive pronouncements,” the judge said.
Equally determined to stop today’s supplementary elections in Kogi before the High Court ruling was the governorship candidate of the Peoples Democratic Change (PDC), Emmanuel Daiko who asked that the supplementary election be declared illegal; and Raphael Igbokwe (a PDP member of the House of Reps), who also asked the court to order INEC to hold a fresh election in the state.
Similarly, Johnson Jacob equally asked the court to cancel the election. At its penultimate sitting, the High Court had consolidated the various cases and reserved judgment in three prayers sought for Friday barely 24 hours to the conduct of the supplementary polls.
As it stands, following the position of Justice Kolawole that beyond the issues of lack of jurisdiction, it would amount to “idle judicial indulgence to proceed with the suit”. It therefore means, the 91 polling units across the state, where election results were cancelled would return to the polls this morning to decide.
According to Justice Kolawole, the prayers sought by the candidates of the PDP, PDC as well as Faleke can only be addressed by an election tribunal, adding that the goal of the judgement is to create a judicial and permissive order for INEC to conduct supplementary polls where the court does not have affirmative declarative powers and jurisdiction.
For Kogi State, it is a supplementary election in about 90 polling stations, INEC has announced that both sensitive and non-sensitive materials have arrived in the state.
The late Audu was leading with total of 41,000 votes before the cancellation of about 48,000 votes stalled his victory. Audu was said to have died shortly after INEC temporarily put his victory on hold by declaring the elections inconclusive.
This decision and the death of the APC candidate Audu created no small anxiety and uncertainty in Kogi State and the country at large owing to the fact that the 1999 Constitution and the Electoral Act did not envisage such a scenario.
Hence the commission was forced to consult the Attorney General and Minister of Justice for advice, but there were arguments in some quarters that INEC ought to have approached the Supreme Court, not an appointee whose employer and, in this case, the President and Commander-In-Chief is a member of APC and by implication, his judgement may be biased and partisan.
Apparently based on the advice of the Attorney General for the Federation and Minister of Justice, INEC requested APC to replace the late Prince Abubakar Audu with another candidate who would complete the race from where death terminated the late Audu’s ambition to again rule Kogi.
The lot fell on Alhaji Yahaya Bello, but the late Audu’s running mate, Honourable James Faleke kicked, challenged the decision of the party before an Abuja High Court praying the court to declare him winner of the November 21, 2015 governorship elections in Kogi.
According to Faleke, the decision of INEC to declare the elections of November 21, 2015 was in error.
To some analysts, Faleke, who did not take part in any of the processes including primaries of the party, but was merely picked as running mate by the late Audu could only lay any claim to the victory, if the results of that elections were declared in favour of his party before Audu’s death.
They have also argued that Honourable Faleke, who made frantic efforts to emerge candidate of his party to replace the late Audu in the supplementary elections, but lost out, could not, in line with the provisions of the Electoral Act replace Audu because he did not take part in any process that led to the emergence of a candidate.
Therefore, fielding him would mean donating victory to the PDP through the tribunal or Appeal Court.
It is curious that it was after losing his bid to replace his late boss, that Faleke suddenly realized that indeed, he should have been declared governor-elect by INEC.
This double standard, many are of the opinion that Faleke is either playing a spoiler’s script since he could not have his way or merely playing to the gallery.
Faleke is not alone in court, the candidate of the PDP and incumbent Governor, Captain Idris Wada is also in court, laying claim to have won the November 21 governorship elections,
Coincidentally, both Faleke and Audu are at the wrong places, because the Electoral Act says elections related cases shall begin at the election Tribunals.
It did not say such cases should start from a regular court, therefore, anybody laying claims to that particular victory before a regular court may be acting in cumulative ignorance or simply playing to the gallery.
For Bayelsa, it is a full elections in the 8 local governments that constitute the state.
The Nigerian Police Force has deployed its personnel to the oil rich state to ensure that today’s elections are violence-free and without the usual ballot stuffing.
INEC has vowed that smart Card Readers must be used for accreditation for today’s elections in Bayelsa and, on no account should manual accreditation be allowed.
Like Kogi State before the death of the APC candidate, the two leading candidates in today’s Bayelsa governorship elections, Seriake Dickson of the PDP and the APC candidate, Timipre Sylva have both governed the state.
While Sylva was governor of Bayelsa between 2007 and 2011; the PDP candidate is the incumbent state governor.
Like Kogi, whoever wins in today’s Bayelsa governorship elections between the APC and the PDP candidates would only do one term, having done a term each already.
The police officers deployed to Bayelsa state, with just 8 local governments underscores not just the difficult terrain of the riverine state, but also to checkmate and possibly neutralize the anxiety and fear of crisis.
Following the drums of war from the oil rich state by supporters of both parties as well as the uncharitable comments of former president Goodluck Jonathan believed to be designed to widen the gulf and sow a seed of discord when he told the people of the state during one of the rallies of the PDP candidate Seriake Dickson that the PDP was an Ijaw party.
Jonathan, to many, was simply on a familiar path of regional, sectional and religious bigotry, which contributed immensely in sending him out of Aso Rock during the April 2015 Presidential elections which he lost by vilifying Muhammadu Buhari.
Such comments believed to be unnecessarily incisive, informed the decision of the police and sister agencies to deploy enough personnel to ensure that the people of Bayelsa are allowed to freely exercise their constitutional rights by voting for any candidate or political party of their choice without being harassed or intimidated.
-Leadership