By Obaka Abel Inabo
The people of Kogi State should be congratulated for conducting themselves peacefully before, during and after the September 20, 2016, Supreme Court Judgment between Gov. Yahaya Bello former Governor Idris Wada on one hand, and James Faleke on the other hand. Prior to the judgement, there was tension in the State. The State Police Command confirmed that those who might lose the case would make trouble. But thank God, the prophecy of doom did not come to pass. Indeed, God is involved in Kogi affairs. And, that goes to confirm that the advent of Bello has a divine touch.
The Supreme Court upheld on September 20 the election of Governor Yahaya Bello. The seven-man panel headed by Justice Sylvester Ngwata affirmed the election after listening to the closing statements of all the counsels to the INEC, the appellants and the respondent. Bello’s emergence as the governor is a great lesson, that indeed, all power belongs to God and He grants it to whomsoever He wishes. Bello is a lucky man. He is a man of circumstance. Here was a man that inherited votes of the dead. Whether anyone likes it not, he will remain governor at least for the next four years.
Recall that Bello’s ascension to power came as a result of the death of Prince Abubakar Audu, the then governorship candidate of the All Progressives Congress (APC). The national leadership of the APC subsequently settled for Bello because he came second at the primary election of the party leading to the gubernatorial polls. The decision pitched the party’s hierarchy against James Faleke, the running mate to the late Audu,
Section 181(1) of the Constitution of the Federal Republic of Nigeria would have been invoked if INEC had announced the result before late Audu died. It says ‘if a person duly elected as Governor dies before taking and subscribing the Oath of Allegiance and oath of office, or is unable for any reason whatsoever to be sworn in, the person elected with him as Deputy governor shall be sworn in as Governor and he shall nominate a new Deputy- Governor who shall be appointed by the Governor with the approval of a simple majority of the House of Assembly of the State’. But the scenario in Kogi was a different ball game. Nobody had been declared the winner in Kogi at that time, so why should Faleke be declared the APC gubernatorial candidate? People asked.
Nevertheless, Section 33 of the Electoral Act is wide enough to accommodate this scenario in Kogi State, where a candidate dies and where the election is declared inconclusive. This is because Section 33 of the Electoral Act is not limited to pre-election substitution of a candidate. Pre-election substitution of a candidate is specifically provided for in Section 36(1) of the Electoral Act. But, if the candidate dies where the election is declared inconclusive as in Kogi, the party will be allowed to substitute the dead candidate for the re- run election in the affected areas. This is the intention of Section 33 of the Electoral Act. Of course, limiting Section 33 of the Electoral Act will be restricting its intention and deviating from the purposive rule of interpretation.
I hope Kogites will find this analysis of the constitutionality of Bello’s ascension to power instructive and allow him to settle down to the serious business of governance. With so many challenges facing Kogi State, Bello needs no distraction. What with the dwindling monthly Federal allocation to the State and the huge wage bills? What about the staff audit and the shocking discovery of ‘ghost workers’ syndrome, fake schools, diversion of pension funds, armed robbery and kidnapping that have became commonplace in the confluence State.
Luckily, Capt. Idris Wada, one of the main challengers to Gov. Bello’s election, has congratulated him. Wada said he went through the Tribunal, Court of Appeal and the Supreme Court in order to test the constitutionality of the case. I urge Faleke and other aggrieved persons to toe the path of reconciliation started by Wada and congratulate Bello.
A brief profile of the people’s Governor might not be out of place here. Bello was an astute businessman and the Managing Director of FairPlus International Ltd and also the Director of Kogi Youth Arise Forum. He was born on 18th June 1975 in Agassa, Okene Local Government Area of Kogi State to the family of Alhaji Bello Ipemida Ochi and Hajia Hawa Bello Oziohu. He is the last of 6 siblings. He attended ABU, Zaria from 1996 to 1999 and graduated with B.Sc. Accounting. He later obtained MBA from the same institution.
Bello’s working career started in 2001 when he was posted to Revenue Mobilization Allocation and Fiscal Commission (RMAFC) for his NYSC. He distinguished himself during the course of the service and was offered an appointment in the same office as Revenue Officer II. His hardwork singled him out for promotion to accountant in a very short period. He was later transferred to Head the Makurdi Zonal office Account Department of Revenue Mobilization Allocation and Fiscal Commission (RMAFC). He has worked in various departments in the office and has risen to the post of Assistant Chief Accountant until he resigned for fulltime business and politics.
Applying his entrepreneurial skills, Bello has mastered the art of informed stock trading and had a financial breakthrough right before the crash of the stock market. His stock portfolio investments cut across the oil and gas, finance, transportation, and agro-related sectors.
Before he became the Governor, Bello funded three orphanage homes and sponsored hundreds of Kogi State undergraduates in various higher institutions both within and outside the country. His strong drive for community development inspired him to invest in various community projects. He loves reading, traveling, driving, soccer and boxing.
I pray God will guide him in the journey ahead and bring the much needed development in Kogi State. While consoling my Igala people on the death of our father, late Abubakar Audu, and the unexpected loss of power, I urge them to toe the path of peace and cooperate with Gov. Bello. This is the first time that the Ebira people will be producing a governor since the creation of the state.
Obaka is a Ph.D Economics
Research Student at UNIJOS