Kogi State Governor, Idris Ichala Wada has prayed the Federal High Court in Abuja to stop the Independent National Electoral Commission [INEC] from conducting supplementary governorship election in the state fixed for December 5.
In a motion on notice filed at the registry of the court by his counsel, Chief Chris Uche[SAN], Wada is seeking a consequential order of court directing INEC to rather conduct fresh governorship election in Kogi state within a specified period.
The governor is contending that being the only surviving candidate with the majority of lawful votes cast at the governorship election held on November 21,2015, he is the winner of the said election and ought to be issued with a certificate of return by the INEC.
He further asked from the court, an injunctive order restraining the All Progressives Congress [APC] by itself or its officers and members from holding a fresh primary election for the purpose of any supplementary or other election for the Kogi State governorship election 2015.
In the alternative, the plaintiff prayed the court to declare that by reason of the death of Prince Abubakar Audu, the candidate of the APC, the Kogi state governorship election held on November 21, 2015 and declared by the INEC [1stdefendant] as inconclusive has been rendered aborted, cancelled, null and void and of no legal effect whatsoever.
The plaintiffs further asked the court to declare that having regards to the provisions of section 141 of the electoral Act, 2010 [as amended], votes scored by a candidate who died during an election cannot be inherited by or transferred to a person who was not a candidate at the said election and who did not participate in all stages of such election, for the purpose of conducting such election.
Besides, the plaintiffs asked for a declaration that INEC public notice dated November 4, 2015 for the holding of a supplementary governorship election for kogi state on December 5, 2015 is unlawful, null and void and of no legal effect whatsoever.
In his originating summons dated November 26, 2015, the plaintiffs posed the following questions for the determination by the court: Whether in view of section 178 t0 181of the 1999 constitution [as amended] and sections 31, 33, 34, 36, 85, 87 of the Electoral Act 2010 [as amended], the public notice issued by INEC dated November24, 2015 for the holding of a second/supplementary governorship election for Kogi state on December 5, 2015 outside the mandatory electoral timeline is not unlawful, null, void and of no legal effect whatsoever.·
