Four aggrieved parties including the state governor, Captain Idris Wada; Emmanuel Idakwo, John Jacob Usman and Honourable Emmanuel Igbokwe had approached the court with various claims following the death of Alhaji Abubakar Audu, the governorship candidate of the All Progressives Congress (APC) in the election.
Although, INEC had scheduled its supplementary election in 91 polling units for Saturday, December 5, the trial judge, Justice Gabriel Kolawale, said he would rule on Friday to prevent a great shadow of doubt and avert constitutional crisis.
Three of the plaintiffs; Emmanuel Idakwo, Johnson J. Usman and Hon. Emmanuel Igbokwe, a member of House of Representatives, have asked the court to cancel the November 21 governorship election which late Audu was leading before his death while Governor Idris Wada wants INEC to declare him winner of the said election.
The court will determine whether, having regards to the provisions of sections 31 (1) (2) (4) (5) (6) (7) and (8), 33, 34, 36, 85 and 87 of the Electoral Act, 2010 (as amended) as well as sections 178-181 of the constitution of the Federal Republic of Nigeria, INEC can lawfully conduct a second/supplementary election into the office of governor of Kogi State on December 5 or any other day let alone accepting nomination/substitution by APC on the basis of votes computed and credited to late Audu.
Whether in view of the provisions of Section 179 (2)(3)(4)(5) of the Constitution of the Federal Republic of Nigeria 1999 as amended and other provisions of the Electoral Act and having regards to the doctrine of necessity, Wada being the only surviving candidate with the majority votes cast at the election ought not to be declared winner of the election having secured not less than one-quarter of votes cast in two-thirds of all the local government areas of Kogi State.
Whether in view of Section 181 of the Constitution of the Federal Republic of Nigeria,1999 (as amended), INEC ought to conduct a fresh governorship election in Kogi State.
Justice Kolawole gave the parties 48 hours to file their addresses which should be between 10 and 15 pages. He also adjourned the matter tillThursday, December 3 for adoption of addresses.
Earlier during hearing, the judge had consolidated the four suits after Godwin Uche (SAN) representing Idris Wada and Johnson J Usman, counsel for INEC, T. M. Inuwa, counsel for Emmanuel Idakwo, M.S. Ibrahim and the counsel representing the Attorney General of the Federation, Mrs Mamuna Lami Sheru, had agreed that the suits be consolidated.
