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Tuesday, 24 November 2015

KOGI GOV ELECTION: Lawyer goes to court, seeks interpretation of Section 181


An abuja based legal practitioner, Johnson Jacob Usman has just filed a case before the Abuja federal High court for interpretation of Section 181 of the Constitution.

In the Suit No. FHC /ABJ /CS/952/2015 BETWEEN JOHNSON JACOB USMAN V. ATTORNEY GENERAL OF THE FEDERATION & INEC, the legal practitioner who is also and indigene of Omala local government of Kogi state wants the court to direct the Independent National Electoral Commission, INEC to suspend all actions on the Kogi governorship election pending the determination of the suit.

He has also asked the court to restrain the Attorney General of the Federation "from giving any legal opinion or direction(s) to the 2nd defendant to conduct a bye election in the affected polling Units pending the determination of the suit."

Usman is seeking among other issues "whether in view of Section 181 of the Constitution of the Federal Republic of Nigeria, 1999 as amended, the 2nd defendant can declare the Kogi state governorship election conducted on 21st November, 2015 as conclusive or inconclusive.

"Whether in view of Section 181 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the 2nd defendant can declare any of the candidates for the Kogi governorship election conducted on 21st November, 2015 as the winner of the election."

The Kogi-born legal practitioner also want the court to determine whether in view of the same Section 182, INEC ought to conduct fresh election in Kogi state following the death of Prince Abubakar Audu, the candidate of the All Progressive Congress, APC who as at the time the polls were declared inconclusive was leading.

The suit is supported by a 24-point affidavit.

No date has been fixed for the hearing of the suit.
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