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Thursday, April 22, 2021

Appeal Court strikes out suit challenging Bello’s victory in Kogi

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The Abuja Division of the Court of Appeal, on Thursday, dismissed the appeal filed by Michael Elokun and two others challenging the election of Governor Yahaya Bello of Kogi State.

The appellate court in a unanimous judgment by a three-member panel, led by Justice Steven Adah, agreed with the judgment of Justice John Tsoho (now Chief Judge of the Federal High Court) in 2018, which dismissed the case for want of jurisdiction.

Justice Adah held that the Kogi State governorship election being 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 Court of Appeal then upheld the judgment of the Federal High Court, Abuja which dismissed the plaintiffs’ suit for lack of jurisdiction as they have no locus standi to file the action.

Justice Tsoho had in 2018 dismissed the suit on the grounds that the plaintiffs, Michael Elokun, Ibrahim Sule and Hawa Audi, had no business instituting the case.

The plaintiffs had asked the court to grant an order for the return and immediate swearing-in of Idris Wada, a former governor of the state.

Tsoho had in his judgment upheld the objection of Bello that the plaintiffs had no locus standi to institute the action.

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