The Governorship Election Petition Tribunal sitting in Lokoja, Kogi State, has dismissed LP’s exparte motion, which sought an interlocutory injunction against the swearing-in of the governor elect, Alhaji Yahaya Bello, slated for January 27, 2016.
The Tribunal, presided over by Justice Halima Mohammed, declared that the motion exparte is incompetent.
The judge stated that the application to entertain the matter outside the pre-hearing session ought to have come by way of motion-on-notice, since an earlier motion exparte for substituted service of the petition on Bello as first respondent in the petition was granted.
LP, through its lawyer, Reuben Egwuaba, had sought the leave of the Tribunal, to entertain the motion-on-notice stopping Bello from presenting himself before the Chief Judge for swearing-in.
The lawyer hinged his argument on the reason that Bello never had a validly-elected running mate when the supplementary election was conducted, sequel to his nomination as a replacement for Prince Abubakar Audu, the All Progressives Congress (APC) candidate, who died on November 22.
Egwuaba in his argument 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. Egwuaba recalls that Bello was declared governor-elect after the election. He stated further that the Labour Party which had earlier participated in all the stages of the elections on November 21 and December 5, is insisting that Bello was not qualified to participate in the supplementary election.
The lawyer noted that the swearing-in scheduled for January 27 is quite close, the motion exparte is therefore expedient so that the Tribunal can hear the motion on notice outside pre-hearing session and stop the inauguration as the the hearing of the substantive case commences.
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