The Court of Appeal, Abuja has dismissed the appeal brought before it by Michael Elokun and two others challenging the election of Yahaya Bello as the Governor of Kogi State.
In a unanimous judgment by a three-member panel of Justices of the Court of Appeal, presided over by Justice Steven Adah, on Thursday, the appellate court agreed with the judgment the Chief Judge of the Federal High Court, Justice John Tsoho.
Justice Adah held in the judgment that the Kogi State governorship election been challenged by the appellants was held in 2015 and the plaintiffs, at the lower court filed their suit in 2016, making the suit incompetent in the face of the law.
The appellate court agreed with the trial court that the plaintiffs had no sufficient interest in the Kogi State governorship election to warrant them institute the Laval action.
The Court of Appeal then upheld the judgment of the Federal High Court, Abuja which, dismissed the plaintiffs’ suit for lack of jurisdiction as they’ve no locus standi to file the action.
Justice Adah, who read the unanimous judgment said that it’s the political party that has the power to nominate a candidate for the party, adding that, “We’ve nothing to add to the decision of the lower court on the issue of locus standi of the appellants.
“The Appellants have not sufficiently shown any interest in the Kogi state governorship seat to challenge the decision of the lower court.
“The decision of the lower court is hereby affirmed,” Justice Adah said and therefore dismissed the appeal.
Recall that Justice John Tsoho had, in 2018, dismissed the suit on the grounds that the plaintiffs, Mr Michael Elokun, Mrs Hawa Audi and Mr Ibrahim Sule had no business instituting the case.
Other defendants in the suit are the PDP, the APC, the Independent National Electoral Commission (INEC) and the Attorney-General of the Federation.
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