An Appeal Court judge, Justice Obande Ogbuinya in Abuja on Thursday gave a minority ruling that the election of Yahaya Bello as governor of Kogi State was unlawful and should be annulled.
Four other members of the panel however gave a favourable judgement to Bello, upholding the ruling of the tribunal which struck out the petitions of James Faleke and Captain Idris Wada (rtd).
Bello’s received two favourable rulings on Thursday.
In the first case, which followed a challenge by James Faleke, the five judges unanimously affirmed Bello as governor.
But Ogbuinya dissented in the second case filed by former Governor Idris Wada.
In his judgement, Ogbuinya held that the Kogi election tribunal was wrong in upholding the election of Bello since he did not partake fully in the entire election process.
Mm Ogbuinya said m Wada’s arguments were cogent.
He therefore ordered that the election of Bello be nullified and that the Independent National Electoral Commission should conduct a fresh election in 90 days.
But the other four judges said the grounds for Wada’s application did not align with constitutional provisions.
They said there was no constitutional provision for Wada to inherit votes from Abubakar Audu, the All Progressives Congress’ candidate who died before completion of the election.
Wada’s counsel, Goddy Uche, said the minority ruling proved that his client had a good case and will approach the Supreme Court with an appeal.
