S/Court dismisses appeal against Kogi Gov.’s election

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(Nigeria) The Supreme Court on Friday, dismissed an appeal brought by All Progressives Congress, APC and defunct Congress for Progressive Change, CPC, challenging the election of Idris Wada as Governor of Kogi State.
The Court of Appeal sitting in Abuja, had on July 10, 2013, dismissed the appeal which was brought challenging Wada’s victory at the Kogi State Election Tribunal.
The Court of Appeal had affirmed the Federal High Court’s decision which earlier declined jurisdiction, saying it was a pre-election matter, following which CPC proceeded to the Supreme Court.
The APC was joined in the appeal as co-applicants while Independent National Electoral Commission, INEC, the Peoples Democratic Party, PDP, Wada, ex-Gov Abubakar Audu, All Nigerian Peoples Party, ANPP, Elder Ubolo Okpanachi and Chief James Ocholi, SAN, were co-respondents.
Delivering judgment in Abuja, Justice Ibrahim Mohammed, who led the seven-man panel, held that the appeal was ``incompetent, un-maintainable and unmeritorious’’, and dismissed it accordingly.
The apex court also ordered the appellants to pay N100,000 each as damages to PDP and Wada.
The court said that CPC, having joined ACN and ANPP to form APC on July 31, 2013, ceased to be a political party from that day and, being dead, lacked the capacity to file an appeal.
``Consequent upon the final and irretrievable death of CPC on July 31, 2013, no appeal or process for that matter is maintainable in the name of CPC before any court of law.
``The application before this court is incompetent, unmeritorious and un-maintainable and it is accordingly dismissed.
``The applicants are ordered to pay N100,000 costs each to the second and third respondents (PDP and Wada)’’, Mohammed ordered.
The apex court had on Feb. 21, dismissed another suit by Mr Jibrin Echocho, also of PDP who had challenged Wada’s victory at the December 3, 2011 polls.
The court had in a unanimous judgment held that Wada was validly elected and upheld the decision of the Court of Appeal which affirmed his victory in the gubernatorial election. 

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