By Ikechukwu Nnochiri
ABUJA — A Federal High Court sitting in Abuja has been asked to determine whether the directive by the Independent National Electoral Commission, INEC, that Captain Idris Wada be sworn in as the governor of Kogi State, based on the election of December 3, 2011, was not unconstitutional, void and ultra vires.

A governorship aspirant of Peoples Democratic Party, PDP, in the state, Mr Oyebode Makinde, raised the legal question before the court in a suit he filed through his counsel, Dr Alex Izinyon, SAN, yesterday.

The plaintiff is, among other demands, praying the court to determine whether the press statement that  INEC issued on Tuesday, directing that Wada be sworn in as the governor of Kogi when the Speaker of the state House of Assembly, Abdullahi Bello, was already discharging the function of acting governor pursuant to section 191(2) of the constitution, was not unconstitutional, illegal, null and void.

He also prayed the court to determine whether having regards to the provision of the section 178(2) of the 1999 Constitution (as amended); section 31 of the Electoral Act, 2010 (as amended), INEC was bound to proceed to conduct fresh election for Kogi State gubernatorial seat.

The Attorney General of the Federation and Minister of Justice, Mohammed Bello Adoke, SAN, is also a defendant in the suit.

Besides, the plaintiff in the processes he entered in court, is seeking a “declaration that the 3rd defendant, Wada, cannot hold himself out/or parade himself as the governor of Kogi State and that INEC is bound to conduct a fresh election into the gubernatorial seat for Kogi State based on fresh primary election by all the political parties.”

He equally asked the court for an order of injunction restraining INEC and AGF, their agents or assigns from giving effect to the directive or order of  January 12, 2012, or doing anything in like manner as well as an order of injunction restraining  Wada from parading himself or holding himself out as the governor of Kogi State.

He further prayed the court for an order of mandatory injunction commanding the 4th Defendant to conduct a fresh election into Kogi State gubernatorial seat based on fresh primary to be conducted by INEC.


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