The Court of Appeal, Abuja Division yesterday dismissed the appeal brought before it by one Michael Elokun and two others challenging the election of Yahaya Bello as the Governor of Kogi State. In a unanimous judgment by a three-member panel of the court, presided over by Justice Steven Adah, the appellate court agreed with the judgment of Justice John Tsoho, now the Chief Judge of the Federal High Court, which had, in 2018 dismissed the suit for want of jurisdiction.
The court held that the Kogi State governorship election being challenged by the appellants was held in 2015 and the plaintiffs, at the lower court filed their suit in 2016, making the suit incompetent in the face of the law. The appellate court agreed with the trial court that the plaintiffs had no sufficient interest in the Kogi State governorship election to warrant them institute such action.
The Court of Appeal then upheld the judgment of the Federal High Court, Abuja which, dismmised the plaintiffs’ suit for lack of jurisdiction as they have no locus standi to file the action. Justice Adah, who read the unanimous judgment, said that, it is the political party that has the power to nominate a candidate for the party and added that, “We have nothing to add to the decision of the lower court on the issue of locus standi of the appellants.