The Appeal Court sitting in Abuja on Thursday upheld the election of Kogi State Governor, Yahaya Bello.
A five-member panel led by Justice Jumai Hannatu Sankey held that the appellant, James Faleke, failed to substantiate his allegation that Bello was not qualified for the election.
Justice Sankey, who read the lead judgment, resolved all the six issues determined against the appellant.
The panel consequently upheld the judgment of the election tribunal and dismissed Faleke’s appeal.
Faleke had challenged the emergence of Bello as governor and asked the tribunal to declare him governor because the election of late Abubakar Audu was almost concluded before he died.
Bello was nominated by the APC to replace its late candidate, Audu, who Faleke ran with as deputy governorship candidate before Audu’s sudden death.
But on June 6, the Election Petition Tribunal, sitting in Abuja, dismissed Faleke’s petition, saying the lawmaker was unable to prove his case.
The tribunal said the fact that INEC declared the first election held on November 21, 2015 inconclusive meant no governor or deputy governor-elect had emerged.
It also averred that all votes cast belong to political parties, “it is the political party, through the instrumentality of its candidate that runs for election.”
The tribunal had said Faleke therefore lacked the locus standi to challenge the nomination of Bello to replace the late Audu since he was never a deputy governor-elect.
The tribunal therefore, threw away his petition as lacking in merit.
“No right can accrue from an inconclusive election,” it said.
Dissatisfied with the judgment, Faleke headed to the appellate court, which has now thrown out his appeal.
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