Stories by Vivian Okejeme
Abuja
ECOWAS Court of Justice has fixed March 20, for ruling on whether or not it has the jurisdiction to hear the human rights suit involving the 2015 governorship election in Kogi state.
This followed a motion by the defendant in the suit, (Federal Government of Nigeria), questioning the power of the court to adjudicate on the matter.
A group of registered voters in Kogi state had dragged the Federal Government before the Court for denial of their rights of suffrage in the 2015 governorship election in state.
In a suit No ECW/CCJ/APP/02/16, the Plaintiffs – Honourable Sule Audu, Ikeleji Agada, Labaran I. Dadido, Isaka Isa, Abdul Audu, Ademu Abdullahi and Sulaiman Abdul, are praying the ECOWAS court to either instal James Faleke, the running mate to the late Abubakar Audu of the All Progressives Congress (APC) or hold fresh polls in the state.
The plaintiffs sought the order of court, declaring that the election to the governorship of Kogi state held on December 5, 2015, in which Alhaji Yahaya Bello emerged winner, was not in conformity, and or consistent with Nigeria’s international obligations.
They also prayed the court to declare that the election fell short of the internationally recognized standards and core democratic values and principles of genuine, free and fair franchise, as established by existing international human rights instruments, and the defendant’s obligation under international law.
They are also seeking a declaration that it is the plaintiffs’ fundamental rights and that of other voters to access, scrutinize, verify, clarify, confirm and do all other things pursuant to the personal particulars of a candidate for the governorship of Kogi state, as a veritable measures to ascertaining the candidates integrity, general disposition, capacity, competence, and character traits.
They also prayed the court to declare that the plaintiffs and indeed, the entire people of the state can only hold their governor to account probity and performance, only if the process by which the governor assumed powers was by the will of the people expressed through genuine, free and fair elections, where equal weights are accorded all votes as the basis of the authority and legitimacy of government through democratically acceptable franchise.
The state’s governorship election crisis began with the death of the APC candidate, Abubakar Audu, before winner was announced, and the subsequent adoption of Bello as a replacement.
Meanwhile, Audu’s running mate, Faleke was chosen as the deputy, a position he rejected and headed for the tribunal.
The matter temporarily came to conclusion when the Supreme Court last year, ruled in favour of Bello as the authentic governor of the state.
However, the plaintiffs in the extant matter, had simultaneously approached the ECOWAS Court in February 2016, seeking cancellation of the polls and asking for fresh polls that would reflect the people’s choice in an atmosphere that is free and fair.
The matter was mentioned in December 2016 but adjourned soon after as the defendant was absent in court.
The Panel had requested that the representative of the federal government, Attorney General of the Federation should appear in court over the matter as the defendants.
But at the resumed hearing of the matter, after counsel to the plaintiffs, Festus Ogwuche, had made his appearance, the defense counsel informed the three-man panel of the court – Justice Friday Chijioke Nwoke, Justice Micah Wilkins Wright and Justice Yaya Boro, of a preliminary objection dated February 8, 2016, which has questioned the jurisdiction of the court to hear the case. There was also another objection on the ground that the plaintiffs lacked cause of action.
The defense therefore prayed the court to strike out the suit for lack of jurisdiction and lack of cause of action.
His argument is based on the fact that the suit bordered on electoral process and as such, it is beyond the reach of the court’s jurisdiction.
Reacting, counsel to the plaintiffs held that the substantive application before the court was for the human right enforcement and as such, according to him, the court was imbued with the necessary jurisdiction to adjudicate on complaints of fundamental rights violations that occur in any member states.
“The action relates to an alleged breach of electioneering process by the defendant bad breach of Nigeria Municipal law and, the entirety of the initiating application discloses no cause of action against the defendant,” Ogwuche stated.
Counsel to the plaintiffs held that he has a robust response to the preliminary objection filed by dated February 8, 2016 and filed on the February 14, 2016.
“The case is anchored on three vital instruments – Article 13 of African Charter on Human and People’s Rights, Article 21 of the Universal Declaration of Human Rights and Article 25 of the International Covenants on Civil and Political Rights.”
He held that the court is imbued with the jurisdiction to hear cases concerning violation of fundamental rights by any member state of the community.
That matter has been adjourned till March 20 for ruling on the motions.
