Former Kogi governor, APC, INEC ask court to dismiss suit challenging Kogi Central senatorial ticket

Former Kogi Governor Yahaya Bello, the All Progressives Congress (APC) and the Independent National Electoral Commission (INEC) have asked the Federal High Court in Abuja to dismiss a suit challenging Mr Bello’s emergence as the APC’s candidate for the Kogi Central Senatorial District.

The defendants made the request in separate court filings opposing the suit filed by Momoh Obaro, who is seeking to void Mr Bello’s APC senatorial ticket.

The matter came up before Judge Inyang Ekwo on Monday, with lawyers for the parties making final arguments and urging the court to grant their prayers.

Mr Obaro, through his lawyer, Kimi Appah, sued the APC, Mr Bello and INEC.

In the suit filed on 29 May, Mr Obaro urged the court to declare that, having scored the highest number of lawful votes cast at the 18 May primary election, he was the lawful winner whose name should be forwarded to INEC as the APC’s candidate.

He, therefore, asked the court to restrain the APC from forwarding Mr Bello’s name to INEC as the party’s candidate for the 2027 senatorial election.

Mr Obaro also sought an order of mandamus compelling the APC to recognise and immediately forward his name to INEC as the duly and validly nominated candidate for the senatorial seat, among other prayers.

In the supporting affidavit he personally swore, Mr Obaro alleged that Mr Bello was not screened and cleared as an aspirant in the primary election.

However, he said he was shocked to hear that Mr Bello had been declared the winner of the election and that his name had been forwarded to INEC.

Bello denies withdrawing from contest

But Mr Bello urged the court to dismiss the suit.

In his preliminary objection filed on his behalf by his lawyer, Joseph Daudu, a Senior Advocate of Nigeria (SAN), the former governor asked the court to dismiss the suit in limine for being fundamentally defective, incompetent and for vesting no jurisdiction in the court to adjudicate on it.

Mr Daudu argued that the plaintiff’s written address failed to comply with the mandatory provisions of Paragraph 7 of the Federal High Court (Pre-Election) Practice Directions 2026 (as amended), among other grounds.

Also, In a counter-affidavit, Mr Bello said contrary to Mr Obaro’s claim, he scored the highest number of lawful votes while the plaintiff came a distant third.

He said while Mr Obaro polled 188 votes, he scored 72,999 votes.

Mr Bello argued that Mr Obaro had failed to produce before the court the authentic and official result sheet issued by the duly constituted primary election committee.

He also said he was screened, cleared and certified as qualified to contest the primary election, contrary to the plaintiff’s claim.

According to him, following his declaration as winner of the primary election, which was monitored by INEC, the APC submitted his name as its valid candidate.

He vehemently denied withdrawing from the election in his further counter-affidavit.

Meanwhile, in his further affidavit filed in response to Mr Bello’s counter-affidavit, Mr Obaro alleged that although the former governor completed and submitted his Expression of Interest (EoI) Form and Nomination Form for the primary election, he voluntarily withdrew from the contest.

He said the letter of voluntary withdrawal was submitted to the appropriate APC authorities and was never withdrawn by him before the primary election was held.

Mr Obaro therefore urged the court to grant his prayers.

APC, INEC urge court to dismiss suit

The APC and INEC, in their separate court documents, also urged the court to dismiss the suit.

In its counter-affidavit, sworn by Muhammad Ayuba, an administrative officer at INEC’s litigation and prosecution department, said it monitored the election in compliance with the law.

The commission said the election, which was contested by three aspirants, was won by Mr Bello, who polled the highest number of valid votes and was returned as the winner of the primary.

INEC said “all the reports from the electoral officers who monitored the primary election exercise at various wards in the five LGAs constituting the Kogi Central Senatorial District clearly shows that the election was conducted substantially in compliance with the provisions of the Electoral Act, 2026.”

When the case was called on Monday, A. T. Hassan, a SAN, lawyer to Mr Obaro, adopted all the plaintiffs’ filings and urged the court to grant their prayers, including their motion to amend the main suit.

APC’s lawyer, Ibrahim Mohammed, a SAN; Mr Bello’s lawyer, Paul Daudu, a SAN; and INEC’s lawyer, S.A. Omole, urged the judge to dismiss the suit.

After listening to the parties, Judge Ekwo adjourned the matter until 19 November for ruling on the motion to amend or judgment.

From criminal trials to Kogi Central senatorial ticket

Mr Bello left office as Kogi State governor in January 2024 after serving two terms from 2016 to 2024. He subsequently became the subject of two separate criminal trials by the Economic and Financial Crimes Commission (EFCC) over alleged financial misconduct during his tenure. He has pleaded not guilty and denied the allegations.

At the Federal High Court in Abuja, the EFCC is prosecuting Mr Bello on 19 charges involving the diversion of Kogi State’s N80.2 billion in a money laundering scheme. The trial has continued with prosecution witnesses giving evidence about alleged transactions linked to the case.

Mr Bello is also facing a separate case of 16 charges of fraud and criminal breach of trust before the FCT High Court in Abuja alongside. In the case, he and his co-defendants – Umar Oricha and Abdulsalami – were accused of the diverting N110 billion beloging to Kogi State.

The former governor has denied all charges.

The cases followed a prolonged effort by the EFCC to bring Mr Bello before the court.

In April 2024, the commission declared him wanted after an attempt to arrest him at his Abuja residence.

Mr Bello has also pleaded not guilty in that case.

In June, the FCT High Court dismissed Mr Bello’s application seeking to stop the N110.4 billion trial. Judge Maryanne Anenih held that the court had jurisdiction to hear the case and directed that the trial should continue.

But, the ongoing criminal proceedings did not prevent Mr Bello from seeking the APC’s senatorial ticket for Kogi Central.

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The sentatorial ticket battle

The APC’s National Assembly screening committee cleared Mr Bello to contest the party’s senatorial primary on 18 May, after days of uncertainty over his status.

A document that circulated within the party had initially listed him as “not cleared”, but the party subsequently released a list that included his name among the aspirants cleared to contest the Kogi Central primary.

Mr Bello contested the primary against Mr Obaro and Ibrahim Yakubu Adoke. The direct primary was held across the five local government areas that make up Kogi Central Senatorial District.

The returning officer, Sadiq Mohammed, later announced Mr Bello as the winner at the collation centre in Okene. He said Mr Bello polled 72,399 votes, winning across all five local government areas, while Mr Adoke scored 319 votes and Mr Obaro polled 188 votes.

The result made Mr Bello the APC’s nominee for the Kogi Central senatorial seat. Mr Obaro subsequently filed the suit to challenge Mr Bello’s emergence before Judge Ekwo.

As of 12 September, INEC’s final list of candidates confirmed Mr Bello as the APC candidate for Kogi Central in the 2027 National Assembly election.