Supreme Court Dismisses Appeal Challenging Wada’s Election

The Supreme Court has dismissed an appeal filed by the governorship candidate

of the defunct Congress for Progressive Change in Kogi State, Mr James Ocholi, SAN, seeking to nullify the election of the state Governor, Idris Wada.

In a judgment delivered by Justice Kudirat Kekere-Ekun, the Supreme Court held that the reliefs sought by Ocholi, in substance and in nature, were such that should be submitted to the state election petition tribunal for adjudication.

"The aim of the appellant's suit was the nullification of the victory of Wada at the election held on December 3rd, 2011 and a declaration that he is the lawful winner of the election and the person validly entitled to be sworn in as the governor of Kogi State.
"The Federal High Court had no jurisdiction to entertain his claims. The concurrent decisions of the two lower courts in this regard cannot be faulted.

"The appellant has not advanced any cogent reasons to warrant interference by this court", she held.
The court held that Ocholi waited for more than three months after the conduct of the election that produced Wada as governor before raising the issue of qualification of the candidates who participated in the election.

"It had become a post election matter that could only be determined by an election tribunal," she added.
Justice Kekere-Ekun noted that Ocholi filed his suit more than 90 days after the conduct of the election and the swearing-in of Wada as Governor of Kogi State.

"I agree with the learned senior counsel for the respondent (Wada) that having regard to the facts and circumstances of this case, the appellant had every opportunity to institute his action before the conduct of the election.

"Not only did he fail to challenge any of the steps taken by the Independent National Electoral Commission (INEC) such as the publication of a new timetable for the conduct of primaries, the new election date and the list of qualified candidates for the December 3rd 2011 election, he fully participated in the new primaries and contested the election", she said.

Ocholi had approached the Federal High Court and asked that he be declared the lawful winner of the Kogi State governorship election and the person validly entitled to be sworn in as the governor of the state.

He also asked the court for an order nullifying the swearing in of Wada‎ as the governor of Kogi state. He sought a consequential order directing the Chief Judge of Kogi State to swear him in as governor and order of perpetual injunction restraining Wada and any person deriving authority from his purported election from parading himself as governor, having been unlawfully sworn in on 27th January 2012 and having assumed office on January 2012.

‎The Chief Justice of Nigeria, Justice Mohammed Mahmud agreed with the lead judgment. In his concurrent judgment, he said the case was a direct challenge of Wada's election and only the election tribunal had the powers to grant his reliefs. He also dismissed ‎the appeal.