tribunal which had earlier on nullified the election of Abubakar Idris as the governor of the state. In a unanimous decision read by Justice Victor Omage, the court affirmed the ruling of the tribunal and ordered that a fresh election be conducted according to the stipulated period as contained in the Electoral Act 2006.
The Court of Appeal also blasted INEC for usurping the powers of the court when it unlawfully excluded Prince Abubakar Audu from contesting the election based on section 182 (1) of section 1 of the 1999 constitution.
The court questions INEC’s power to interpret the same section and held that only the courts have the power to disqualify any candidates as have been upheld by the Supreme Court in AC vs INEC.
According to the presiding judge, “Only the courts can interpret section 182(1). I hereby resolve the issue in favour of the appellant.”
The court also gave INEC knocks over the manner it implemented the report of the panel which indicted Prince Abubakar Audu and averred that INEC is a non-judicial body and lacks the power to implement the recommendation of the panel in the way and manner it did.
INEC had earlier on challenged the judgement of the tribunal on the ground that it favours Abubakar Audu who was the right party before the tribunal since he did not contest the election.
On this issue, the court relied on section 145(e) of the Electoral Act 2006 and held that indeed Abubakar Audu was properly nominated by his party, the All Nigeria Peoples Party, and that the party was right in challenging the unlawful exclusion of its candidate. It thereby upheld the decision of the tribunal and determined the issue against INEC.
There was wild jubilation as Audu’s supporters took over the premises of the court singing and dancing to celebrate their judicial victory over the incumbent governor of the state.
On the other hand, supporters of Idris turned aggressive and were seen attacking vehicles as they made their way out of the court premises.
It took the intervention of mobile police officers at the court premises to prevent them from destroying vehicles and molesting innocent passers-by.
Efforts to speak with the Media Assistant to the sacked governor, Mr. Richard Elesho, proved futile as he switched off his phone after the court delivered the judgment.
Meanwhile, the situation in Lokoja, the Kogi State capital, was calm as at the time of filing this report.
However, policemen took over the major streets in the capital to prevent breakdown of law and order.
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