Supreme Court Upholds Wada's Election As Kogi Gov

Supreme Court, on Friday, dismissed an appeal filed by a former Kogi State Peoples Democratic Party(PDP) candidate, Alhaji Jibrin Isah popularly called Echocho, seeking to void the election of Governor Idris Wada.

Both the Federal High Court and the Court of Appeal in Abuja had earlier dismissed Echocho’s suit for want of jurisdiction.

Both courts ruled that the grievance for which Echocho sought adjudication was an election matter which should have been taken before an election tribunal by virtue of 1999 Constitution (as amended) and the Electoral Act 2010.

But in his appeal to the Supreme Court, Echocho’s lawyer, Chief Wole Olanipekun (SAN), rejected the judgments of the two lower courts and argued that the case was an invitation for the interpretation of some provisions of the constitution.

While upholding the judgment of the two lower courts, Justice Bode Rhodes-Vivour said that Echocho had no interest to protect since he did not take part in the Kogi State governorship election.

Justice Rhodes-Vivour’s judgment was endorsed by four other justices of the court namely: Mahmud Mohammed, Christopher Chukwuma-Eneh, Clara Ogunbiyi and Kumai Akaahs.

Justice Rhodes-Vivour said: “Applying the facts of the case, the appellant has been unable to show how his civil rights and obligations have been or are in danger of being infringed in an election he did not participate.”

His lordship held that the two courts below were correct in finding that a federal high court had no jurisdiction to hear the appellant’s case.

According to him, the proper forum to hear the appellant’s claims is a governorship election tribunal.

“The courts below were also correct in finding that the appellant not having participated in the election of December 3, 2011, does not have locus standi to challenge the election under any guise whatsoever,” he added.

The apex court also held that Echocho was barred from relying on the results of the PDP primaries held on January 9, 2011 after he unsuccessfully participated in the rescheduled primaries held on August 22, 2011.

The court also held that the Independent National Electoral Commission (INEC) was right to have jettisoned the first primaries won by Echocho in view of the judgment of the Court of Appeal which held that the tenure of the then governor, Idris Ibrahim, had not yet ended. The appeal court judgment was later set aside by the Supreme Court.

In an immediate reaction to the judgment, Kogi State Governor, Captain Idris Wada, described  his victory as ‘freedom received at the highest temple of mother justice.’