The exparte motion brought by Labour party seeking an interlocutory injunction against the swearing-in of governor-elect, Yahaya Bello on January 27, has been dismissed by the Kogi State Governorship Election Petition Tribunal.
Ruling on the LP’s application, the chairman of the tribunal, Justice Halima Mohammed said that the motion was incompetent.
Justice Mohammed explained that the application to hear the matter outside the pre-hearing session should have come in way of motion on notice as an earlier exparte motion for substituted service of the petition on Bello as first respondent in the petition was granted.
Reuben Egwuaba, the counsel to the petitioner had prayed the tribunal, via the exparte motion, to hear the motion on notice seeking to restrain Bello from presenting himself before the chief judge for swearing-in.
Egwuaba argued that Bello was not have a validly elected running mate when the supplementary election when the supplemenatyry election was conducted , following his nomination as replacement for Prince Abubakar Audu, the All Progressives Congress (APC) candidate, who died on November 22.
He said: “Following the nomination of Bello as replacement for Audu, James Faleke, who was Audu’s running mate, withdrew and dissociated himself from the supplementary election as Bello’s running mate.
“Bello was declared governor-elect after the 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 the supplementary election.
“Time is of 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.”
Credit : NAIJ
