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Bello: Supreme Court verdict, ‘big honour’ to democracy; no regrets, says Faleke

Ibrahim Ahmadu by Ibrahim Ahmadu
September 20, 2016
in Breaking News, Legal, News, Politics
0
PIC. 10. GOV. YAHAYA BELLO GREETS INDIGENES OF KOGI AS HE RIDES ROUND THE CONFLUENCE STADIUM ARENA, DURING HIS INAUGURATION AS GOVERNOR, IN LOKOJA ON WEDNESDAY (27/1/16). 
0507/27/1/2016/BJO/NAN

PIC. 10. GOV. YAHAYA BELLO GREETS INDIGENES OF KOGI AS HE RIDES ROUND THE CONFLUENCE STADIUM ARENA, DURING HIS INAUGURATION AS GOVERNOR, IN LOKOJA ON WEDNESDAY (27/1/16). 0507/27/1/2016/BJO/NAN

Governor Yahaya Bella of Kogi State, on Tuesday, said his victory at the Supreme Court was a “big honour’’ to democracy in Nigeria.
In a statement shortly after the apex court affirmed him as elected governor of Kogi, he said the judgement would remain a watershed in the annals of electoral jurisprudence and constitutional law in the country.
“It is a long walk to victory which will reshape the nation’s constitution. I am humbled and magnanimous in victory. It is a long walk to victory. The victory belongs to all Kogi people who believe in transforming Kogi State from a potentially great state to a really great state,’’ the governor said.
In the statement signed his Chief Press Secretary, Mr Kingsley Fanwo, in Lokoja, he advised his supporters to guide against wild jubilations but to use the occasion for sober reflections.
He said that he would pursue his cardinal goals of improving education, healthcare, infrastructural development as well as raising the capacity of the citizens to reinvigorate the state’s economy.

Bello commended the Judiciary for “rising to the occasion by standing firm with what is true and just”.

In its reaction, the state chapter of the Association of Local Governments of Nigeria (ALGON), in a statement in Lokoja, described the judgement as a victory for the rule of law.

The Chairman of the group in the state, Mr Taufiq Isa, commended the justices of the Supreme Court for the judgment, saying it had finally settled the contention over the governorship position.

“We are calling on stakeholders in the All Progressives Congress (APC) in the state to come together and join hands with the administration of Gov. Yahaya Bello in the interest of the development of Kogi,” he said.

Contacted on the judgment, Mr Jacob Edi, Media Officer to former Gov. Idris Wada, said that his principal had no comment on it.

According to him, Wada is yet to get the details of the Supreme Court decision and will want to tarry a while before making any pronouncement.

The atmosphere of Lokoja before and after the judgment remained peaceful as residents went about their normal activities.

Security personnel had prior to the judgement been deployed to strategic locations in the city to forestall any possible breakdown of law and order.

Heavily armed anti-riot policemen moved about in patrol vans while security was beefed up in and around the Government House and other important public facilities.

The police had on Friday banned all public processions, celebration and unauthorised gatherings in the state as part of measures to prevent lawlessness in anticipation of the Supreme Court judgement.

In the judgement, the Supreme Court said that the four governorship appeals of James Faleke, Capt Idris Wada, Kogi former governor, Labour Party and African Democratic Congress lacked merits
The court, in separate judgements, upheld Bello’s election as governor.
The apex which described the appeals as mere academic exercise, also said that reasons for the judgements would be given on September 30.

Delivering a unanimous judgement on appeal filed by Mr James Faleke of the APC, Justice Kudirat Kekere-Ekun held that the appeal lacked merit.

“Having gone through the addresses of parties in this matter, I do come to the conclusion that the appeal is a mere academic exercise.

“The election of Mr Yahaya Bello of the All Progressives Congress (APC) as governor in the December 5, 2015 governorship poll in Kogi State is upheld.

“The reasons for the decision would be given on September 30. Parties are to bear their costs,’’ she held.

In similar vein, Justice Sylvester Ngwuta, while delivering the lead judgement on Capt. Idris Wada’s appeal equally held that the action was baseless and lacked merit.

“We have together as brother justices sat on the merit of this appeal and found out that the issues raised can not stand. The appeal is therefore struck out,’’ Ngwuta said.

Those filed by the African Democratic Congress (ADC) and Labour Party were struck out on similar grounds.

Justices John Okoro and Datijo Mohammed who gave the lead judgments for these other appeals also fixed September 30 to adduce reasons for their decisions.

Earlier, while adopting his written address, Chief Wole Olanipekun (SAN), counsel to Faleke, said that the nomination of the governor violated the provisions of the Electoral Act and the Constitution.

Olanipekun urged the court to set aside the decision of the lower court.

He also urged the court to void Bello’s election on the grounds that he was not properly nominated

He argued that Bello did not participate in all the electioneering processes as required by law before he emerged as his party’s candidate in the rerun election.

Olanipekun urged the court to allow the appeal and declare Faleke the proper person for the governorship seat.

Mr Joseph Daudu (SAN), counsel to the governor prayed the apex court to discountenance the arguments canvassed by Olanipekun.

He said that the nomination of his client to participate in the re-run election was done according to law.

“How else can should a candidate emerge. He came second in the party primary and therefore became the most qualified to enter the contest on the demise of Abubakar.

“Faleke was never in the picture because he was just a running mate and the provisions of the laws do not arrogate to him automatic qualification after his principal (Abubakar) died.

“The Electoral Act and the Constitution have since empowered Political Parties as the single entity to nominate candidates for elections and that was played out here,’’ he said.

Chief Akin Olujimi (SAN) counsel to the APC also aligned with Daudu by urging the court to dismiss the appeal.

All attempts made to convince the court by Chief Chris Uche (SAN), counsel to Wada in the other appeal, failed.

Wada, the former governor, and the Peoples Democratic Party’s candidate in that election had urged the court to upturn Bello’s victory in the re-run election.

Uche averred that the modalities that characterised the December 5 re-run election remained fraudulent, adding that the law did not allow transmission of votes to another candidate.

“The entire process was a fraud, My Lords. INEC simply aided a rape on democracy in Kogi for declaring Bello as the governor.

“By implication, the acclaimed governor only scored about 6,000 votes out of the over 400,000 votes, leaving the mandate of the people in the hand of a total stranger.

“In other to re-write this wrong, the apex court must do the needful by removing him from that position,’’ he said.

Uche further said: “what INEC should have done was to order for fresh election after the death of the APC substantive candidate when election was 95 per cent concluded’’.
Meanwhile, Faleke, in his reaction, said that he had no regrets challenging the decision to declare the election inconclusive as the step was taken in good faith to protect the interest of the over 240,000 electorate that voted for the Audu/Faleke ticket in that election.
A statement by the spokesperson of the group, Hon Duro Meseko quoting Faleke, said it would amount to a betrayal of the sacred trust of the people who reposed implicit confidence in the Audu/Faleke ticket not to have defended the sanctity of their vote up til the Apex court level.
“We have heard the judgement handed down by the Supreme Court jurists upholding Yahaya Bello as governor. We shall wait for the full text of the judgement to know why they came to that conclusion. But let it be stated here that we have no regrets challenging the declaration of our election as inconclusive by the Independent National Electoral Commission(INEC). What we did was to defend the votes cast for Audu/Faleke by the over 240,000 electorates on November 21, 2015. The people voted for us as candidates not APC because they believein the kind of leadership we offer to provide for them during our campaigns. It would therefore amount to crass betrayal of the trust of these electorates not to have defended their votes till the end”.
Faleke said as a lawmaker, he would be glad to read details of the judgement so as to “know which areas of our nation’s jurisprudence require urgent review”.
He urged all his supporters to remain calm, peaceful and law abiding while thanking them for their support and perseverance all through the court proceedings.
Residents of Kogi State expressed mixed reactions over the judgement.
Some hailed the judgement while a few others accused the judiciary of being bias and partisanship.
Mr Abdulmalik Zakari, a former Special Adviser on Pension to former Governor Ibrahim Idris, said that the emergence of Yahaya Bello as Kogi governor was simply an act of God.
“The issue here is all about the development of our state irrespective of who won; we want the best for Kogi State.
“Although, I am an Igala from Kogi East but majority of our people believe that the government should be return to them due to Abubakar Audu’s death.
“But I am one of those who believe that government should go round the three senatorial zones of the state; which is the right thing.

“Now that Bello has won he should know that it is an act of God and do the right thing by paying workers’ salaries, and resolve lingering problems ravaging the state.

Mr Jimoh Eleshin, a civil servant in the state, commended the Supreme Court for the judgment, saying the judiciary had once again strengthened Nigeria’s democracy.

“I am urging all aggrieved parties or groups to accept the judgment as God’s will, and join hands with Gov. Bello to build the state of our dream,” Eleshin said.

A lecturer, Mr Babatunde Ibrahim, also hailed the judgement, and urged opponents to join hands with Bello to build a successful state.

Ibrahim, a lecturer at Kogi Polytechnic, advised Bello to put his house in order to fast track infrastructural development across the state.

“We really need to know where we are going because we have not witnessed any visible project in the state for close to a year now.

“The workers’ screening is taking a longer time than expected, it should be hastened up to allow genuine workers get their salary arrears.

“The ghost workers should be identified, eliminated and punished,” Ibrahim advised.

Mrs Emily Fache, a civil servant, said she was happy that the judgement confirmed Bello as the governor.

“I have always said that Kogi is going toward a new direction that would transform the state for the first time in 25 years.

“I am appealing to the aggrieved parties to accept their fate and join hands with the governor to move our state forward,” Fache said

However, Mr Olajide Adeyemi, a mechanic, expressed dissatisfaction with the judgement of the Supreme Court, saying “judiciary is no more the last hope for the common man in Nigeria”.

According to him, the judgement is a day light robbery on Nigeria’s nascent democracy which is very pathetic.

“I feel sad when I heard the news that the Supreme Court judgement favoured Governor Bello because he did not deserve it.

Esther Eleojo, a trader, also expressed sadness over the judgement because the governor had brought untold hardships to the people of the state through his unending and timeless screening that has no direction.

“We are fed up of his policies and decisions that are always against the growth and development of the state and the masses,” Eleojo said.

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