The Court of Appeal in Abuja has dealt a big blow to the governorship ambition of disgruntled James Faleke, who had felt that he was unjustly treated by his party, All Progressives Congress (APC) following the death of governorship candidate in Kogi State, Abubakar Audu.
The court just dismissed the appeal filed by James Faleke, who was the running mate of the deceased Audu, in last year’s governorship election. Faleke had challenged the emergence of Governor Yahaya Bello as APC candidate after the death of Audu and as winner of the poll.
A five-man panel of the Court of Appeal, in dismissing Faleke’s appeal, resolved all the six issues raised by Faleke.
In the lead judgment, Presiding Justice, Jumai Hannatu, held that the tribunal did not err in law in dismissing Faleke’s petition.
The appeal court ruled that, contrary to Faleke’s petition, he could not by virtue of sections 181(1) and 179(2) stepped in as the governorship candidate of the All Progressives Congress following the death of Audu.
The court was also of the view that Faleke could not have been declared winner of the poll on the strength of the votes by his and the late Audu’s joint ticket in the November 2015 election.
However, the appeal court disagreed with the tribunal’s decision as to whether Faleke had the locus standi to challenge the outcome of the election. The panel of Justices concurred that he had, having contested the November 21 on a joint ticket with Audu, but held that Faleke lacked the right to question the substitution of the governorship candidate done by his party, APC.
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