Tribunal dismisses LP’s bid to stop swearing in of Kogi gov-elect

KOGI Governorship Election Petitions Tribunal has dismissed a motion exparte seeking an interlocutory injunction to scuttle the January 27 swearing in of Alhaji Yahaya Bello, the governor-elect of the state.

Justice Halima Mohammed, chairman of the three-member tribunal sitting in Lokoja, Kogi State threw out the exparte, which sought to hear the motion on notice.

Mohammed indicated that the motion exparte, which was filed by the Labour Party (LP) against the Kogi governor-elect lacks competence.

She said the application to hear the matter outside the pre-hearing session ought to have come by way of motion on notice since an earlier motion exparte for substituted service of the petition on Alhaji Yahaya Bello as 1st respondent in the petition was granted.

Counsel to the petitioner/applicant, Mr. Reuben Egwuaba, had sought the leave of the tribunal, through the exparte motion, to hear the motion on notice restraining the 1st respondent (Bello) from presenting himself before the Chief Judge of the state for the purpose of swearing in.

He averred that Bello did not have a validly elected deputy governorship candidate (running mate) when the supplementary election was conducted following his nomination as replacement for the governorship candidate, Abubakar Audu, who died on November 22.
“Consequent upon nomination of Alhaji Yahaya Bello as replacement for Audu, Hon. James Faleke, who was Audu’s running mate withdrew and dissociated himself from participating in supplementary election as Bello’s running mate.

Bello was declared governor-elect after the supplementary election. Now, the Labour Party that participated in all the stages of the elections on November 21 and December 5, submit that Bello was not qualified to participate in that election,” he said.

Time is of the essence, more so that the swearing in has been scheduled for January 27, the motion exparte is for leave of the tribunal to hear the motion on notice outside pre-hearing session and stop the inauguration as we proceed to hear the substantive case,” he said.

Egwuaba, who spoke to newsmen after the sitting commended the tribunal for the ruling saying, “The tribunal has directed that the same motion be served on notice to Bello to enable him respond in the interest of fair hearing.”