Tribunal to begin hearing in petitions against Yahaya Bello’s election

By Eric Ikhilae, Abuja

The Kogi State Governorship Election Petition Tribunal has indicated its intention to commence hearing in the petitions challenging the second term election of the state governor, Yahaya Bello of the All Progressives Congress (APC).

A three-man panel, headed by Justice Kashim G. Kaigama, gave the hint on Wednesday after lawyers to parties in the pending petitions identified the various documents they have filed.

Justice Kaigama said the tribunal was ready to begin the hearing and determination of all pending applications; determination of number of witnesses to be called and the date of hearing of the petition proper.

Lawyer to the Peoples Democratic Party (PDP) and its candidate, Engineer Musa Wada (who filed a petition), Jibrin Okutepa (SAN) said he filed three motions, seeking to strike out certain paragraphs of the second and third respondents reply and also, for the court to grant petitioners leave to inspect election materials.

On their part, lawyers to the respondents also identified that processes, among which were motions seeking to strike out the petition, some paragraphs of the petitioners reply to the first respondent’s reply to the petition and for an order setting aside the ex-parte order it made on January 15, 2020.

The tribunal has adjourned till February 10 for the commencement of pre-hearing session.

In their petition marked: EPT/KG/GOV/06/2019, the PDP and Wada claimed that the election was characterized by irregularities, violence, ballot box snatching and stuffing as well as substantial non-compliance with the 1999 Constitution, electoral laws as well as INEC guideline for governorship elections.

They described the election as a charade and insisted that APC with the aid of security agents, rigged the election in its favour and that of its candidate, Bello.

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The petitioners want the tribunal to among others, declare that Bello and his party did not validly win the election.

They also want the tribunal to nullify the entire governorship election conducted in the state by reason of substantial non-compliance with the provisions of the Constitution and extant Electoral Act 2010.

They are equally seeking an order declaring that he scored the majority of votes cast at the election and that having fulfilled the requirements of section 179(2)(a) and (b) of the Constitution, he is the winner by majority of lawful votes cast and thus returned elected.

In the alternative, the petitioners want the tribunal to direct INEC to conduct supplementary election in polling units where elections were cancelled, on the grounds that the margin of lead between the 2nd respondent (Bello) and the 1st petitioner being Iess than the registered voters in the cancelled polling units.

They also seek the tribunal’s declaration that the election of November 16 and the subsequent declaration and return of the second respondent are voided by corrupt practices in breach of the provisions of the Electoral Act, 2010 (As amended), which substantially affected the results of the election.