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JUST IN APM Files Petition Challenging Bello’s Victory over Its Exclusion from Kogi Guber Election, as Tribunal Relocates to Abuja Amid Security Concerns

The Allied Peoples Movement, APM, has filed a petition before the Kogi State Governorship and Houses of Assembly Elections Tribunal challenging the return of All Progressives Congress candidate, Yahaya Bello as winner of the November 16 gubernatorial polls.

APM alleges unlawful exclusion from the elections.

The petition, as seen on the Tribunal’s notice board was prepared and signed by the law firm of Rotimi Ojo & Co, seeks an order declaring the just concluded elections null and void and a corresponding order for fresh elections which will include its candidate, Yusuf Mamman Dantalle on the ballot.

Meanwhile, the Secretary to the Tribunal Abubakar Umar, Esq. on Wednesday announced the relocation of the siting of the adjudication body to the Federal Capital Territory, Abuja, in the face of likely security breaches.

The new address is at FCT High Court, Wuse Zone 2, Abuja. The tribunal and its registry are open to the general public.

The APM Petition reads in part:

In The Kogi State Governorship Election Tribunal
Holden At Abuja

In The Matter of The Electoral Act 2010, (As Amended) The Election Into The Office of The Governor of Kogi State Held on The 16TH November, 2019.

Between

1. Allied Peoples’ Movement

2. Yusuf Mamman Dantalle

[PETITIONERS]

And

  1. Independent National Electoral Commission
  2. All Progressive Congress (APC)
  3. Bello Yahaya
  4. Accord (A)
  5. African Action Congress (AAC)
  6. Alliance For Democracy (AD)
  7. African Democratic Congress (ADC)
  8. Action Democratic Party (ADP)
  9. Abundant Nigeria Renewal Party (ANRP)
  10. All Progressive Grand Alliance (APGA)
  11. Grassroots Development Party of Nigeria (GDPN)
  12. Green Party of Nigeria (GPN)
  13. Hope Democratic Party (HDP)
  14. Justice Must Prevail Party (JMPP)
  15. National Conscience Party (NCP)
  16. Mass Action Joint Alliance (MAJA)
  17. Peoples’ Democratic Party (PDP)
  18. Peoples’ Party of Nigeria (PPN)
  19. Peoples’ Progressive Party (PPP)
  20. Peoples’ Redemption Party (PRP)
  21. United Democratic Party (UDP)
  22. United Peoples Congress (UPC)
  23. Young Democratic Party (YDP)
  24. Young Progressive Party (YPP)

[RESPONDENTS]


…..

……

……

GROUNDS UPON WHICH THIS PETITION IS BASED

  1. That the 1st Respondent unlawfully excluded the Petitioner’s from fully participating in the Governorship Election of Kogi State on the 16th November, 2019.

FACTS IN SUPPORT OF THE GROUNDS

  1. Your Petitioners state that the names of their Governorship and Deputy Governorship candidate, Yusuf Mamman Dantalle and Awombo Bala, respectively, were forwarded and submitted to the 1st Respondent via a letter dated 9th September, 2019 attached with Forms CF001. Your Petitioners plead the said letter dated 9th September 2019 as well as the acknowledgment of Forms CF001. The 1st Respondent is hereby put on notice to produce the original at the hearing of this Petition.
  2. Your Petitioners state that the 1st Respondent notified the Petitioners, via a letter dated 13th September, 2019 of the invalid nomination of the Petitioners Deputy Governorship candidate (Awombo Bala) on the grounds of age. Your Petitioners plead the letter from the 1st Respondent dated 13th September, 2019.
  3. Your Petitioners state that they replied the 1st Respondent via a letter dated 20th September, 2019, formally notifying the 1st Respondent of the 1st Petitioner’s withdrawal of Awombo Bala as its Deputy Governorship candidate and substituting/replacing it with Princess Olayemi Oyewole Joledo-Ayomah. Your Petitioners plead the Letter of Withdrawal and Substitution dated 20th September, 2019. The 1st Respondent is hereby put on notice to produce the original at the hearing of this Petition.
  4. Your Petitioners state that the 1st Respondent rejected the withdrawal and substitution of the 1st Petitioner’s Deputy Governorship Candidate via a letter dated 27th September, 2019 on the basis that the Petitioners were out of time. Your Petitioners plead the letter from the 1st Respondent doted 27th September, 2019.
  5. Your Petitioners state that according to the 1st Respondent’s Amended Timetable and schedule of Activities for Kogi and Bayelsa states 2019 …The 1st Respondent is hereby put on notice to produce the original at the hearing of this Petition.
  6. Your Petitioners state that the Petitioners went ahead to seek redress in the Federal High Court, Abuja and judgment was delivered in favour of the Petitioners ordering the 1st Respondent to validate the candidates of the 1st Petitioner. Your Petitioners plead the Judgment Order of the Federal High Court, Abuja dated November, 2019.
  7. Your Petitioners state that the 1st Respondent went ahead to publish the final list of candidates for the Kogi State Governorship Election, 2019, without including the names of the Petitioners. Your Petitioners plead the final list of candidates of the Kogi State Governorship Election, 2019. The 1st Respondent is hereby put on notice to produce the original at the hearing of this Petition.
  8. Your Petitioners state that the 1st Respondent failed to make provisions for the Petitioners to nominate and submit names of Polling Agents for the Kogi State Governorship Elections of 16″ November, 2019.
  9. Your Petitioners state that the 1st Respondent denied the Petitioners the opportunity to campaign for the 16th November, 2019 Kogi State Governorship Elections.
  10. Your Petitioners state that the 1st Respondent deprived the Petitioners the opportunity to sensitize the good people of Kogi State on the need to vote for the Petitioners at Kogi State Governorship Elections of 16th November, 2019.
  11. Your Petitioners state that the inclusion of the logo and name of the 1st Petitioner on the ballot papers was an afterthought as the name of the 1st Petitioner was handwritten on the Summary of Result Form EC 8C as averse to the other parties whose names were typed on the Summary of Result. Your Petitioners plead the Summary of Result Form EC 8C. The 1st Respondent is hereby put on notice to produce the original at the hearing of this Petition.
  12. Your Petitioners state that the exclusion of the Petitioners by the 1st Respondent made the Petitioners unable to canvass for votes from the good people of Kogi state.
  13. Your Petitioners state that they employed the services of the law firm of Rotimi Ojo & Co. who wrote the 1st Respondents via a letter dated 20th November, 2019, requesting that the 16th November, 2019 Kogi State Governorship Elections be voided and a fresh election be conducted within three (3) days of receipt of the said letter. Your Petitioners plead the said letter dated 20th November, 2019. The 1st Respondent is hereby put on notice to produce the original at the hearing of this Petition.
  14. Your Petitioners state that till date, the 1st Respondent neither responded to the above mentioned letter, not voided the 16th November, 2019 Kogi State Governorship Elections and conduct fresh elections.

PARTICULARS OF EXCLUSION

  1. Your Petitioner was validly nominated by the 1st Petitioner.
  2. The Kogi Governorship election was conducted and held on the 16th day of November, 2019.
  3. The 1st Respondent declared the 3rd Respondent who was sponsored by the 2nd Respondent as winner of the governorship election of Kogi State on the 16th of November, 2019.
  4. Your Petitioners names were not included in the final list of candidates of the 1st Respondent dated the 17′” day of October, 2019.

RELIEFS SOUGHT BY THE PETITIONERS

  1. AN ORDER that the election held on the 16th day of November, 2019 into the office of the Governor of Kogi State and the return of Governor Bello Yahaya as the winner by the 1st Respondent in the said gubernatorial election be void and same a nullity by virtue of the provisions of the Electoral Act, 2010 as amended and the constitution of the Federal Republic of Nigeria.
  2. AN ORDER for fresh election to be conducted by the 1st Respondent for the Governorship seat of Kogi State.
  3. And for such further Order or Orders as this Honourable Tribunal may deem fit to make in the circumstances of this case.

Dated this 29th day of November, 2019.

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