The Kogi Governorship Saga: How James Faleke Was Denied Victory Amid a Legal ‘Lacuna’.

In November 2015, Hon. James Abiodun Faleke, running as the deputy governorship candidate alongside Prince Abubakar Audu under the All Progressives Congress (APC) in Kogi State, appeared poised for victory. The duo secured 240,867 votes, leading the incumbent governor, Idris Wada of the People’s Democratic Party (PDP), who garnered 199,514 votes.

However, the sudden death of Audu before the official declaration of results created a legal and political crisis, often referred to as a “lacuna” due to the unprecedented nature of the situation under Nigeria’s electoral laws.

This vacuum was exploited to deny Faleke what he and many supporters believed was his rightful claim to the governorship.

The Independent National Electoral Commission (INEC) declared the election inconclusive, citing that the number of cancelled votes exceeded the margin between the leading candidates, necessitating a supplementary election.

The APC, instead of allowing Faleke—the surviving candidate on the joint ticket—to inherit the mandate, nominated Yahaya Bello, the runner-up in the party’s primary, to replace Audu. This decision was justified by the party on the grounds that Bello was next in line from the primaries, but Faleke argued it was unjust.

He contended that the votes were cast for the Audu/Faleke ticket, and with Audu’s death, he, as the deputy candidate, should have been declared governor-elect since the collation of results was nearly complete.

Faleke’s position was rooted in the argument that the electoral process had progressed far enough for the Audu/Faleke ticket to be considered the winner, and the “lacuna” caused by Audu’s death should not disenfranchise the voters’ choice.

He wrote to INEC, declaring himself the rightful governor-elect, and rejected the APC’s directive to serve as Bello’s deputy, stating that neither the party nor Bello consulted him.

He further vowed not to betray Audu’s legacy by accepting the deputy role under Bello, emphasizing his belief that the mandate belonged to him.

Faleke challenged the APC’s decision and INEC’s handling of the situation at the election petition tribunal, arguing that Bello’s nomination was illegal since he was not on the ballot during the main election on November 21, 2015. He asserted that the transfer of votes to Bello violated electoral principles, as the votes were tied to the Audu/Faleke ticket.

However, the tribunal, and later the Supreme Court, dismissed his case, upholding Bello’s election after the supplementary poll, where APC secured an additional 6,885 votes, bringing their total to 247,752.

Critics of the process, including Faleke’s supporters, argued that the “lacuna” was manipulated by political forces within the APC and INEC to favor Bello, effectively robbing Faleke of the governorship.

The decision to bypass Faleke was seen by some as a power play, possibly influenced by internal party dynamics and regional considerations, as Bello hails from Kogi Central, while Faleke is from Kogi West.

The invocation of a “lacuna” became a convenient excuse for what Faleke and his allies viewed as a deliberate miscarriage of justice.

The absence of clear constitutional provisions for such a scenario allowed the APC and INEC to interpret the law in a way that sidelined Faleke, despite his strong electoral performance alongside Audu.

This episode remains a contentious chapter in Kogi State’s political history, with many believing Faleke was unfairly denied the governorship due to political maneuvering under the guise of a legal technicality.

Ava James writes from Abuja.