Two episodes informed appellants petition No EPT/KG/GOV/02/2015 at the Governorship Election Petition Tribunal. Firstly, 3rd respondents declaration that the election of 21st November, 2015, the 1st appellant being 3rd appellants candidate, late Abubakar Audu, 2nd respondents candidate and candidates of twenty other political parties contested, was inconclusive. Addedly, there is the fact of the 1st respondents substitution of Abubakar Audu, following the latter’s death, as the 2nd respondents candidate in the very election that was eventually concluded on the 5th December, 2015.

Appellants complaints in the petition, in strict sense, is that 1st respondents substitution of the late Abubakar Audu, midstream in the election, not having been provided for by laws, disqualified the 1st respondent from contesting the Kogi State Governorship election of 21st November and 5th December, 2015, that 3rd respondents return of the 1st respondent, who is not duly elected by majority of lawful votes, as the winner of the said election, is void. It is also asserted that 1st appellant had won the highest number of votes and fulfilled the requirement of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), and that he be returned the lawful winner of the election, or in the alternative, with the nullification of the election, 3rd respondent be ordered to conduct a re-run or fresh election for the Kogi State Governorship office.

The respondents challenged the competence of appellants petition which objection the Tribunal upheld to the effect that the appellants lacked the locus standi of maintaining the petition. Proceeding to consider the petition on the merits, the Tribunal further held that 1st respondents substitution of Abubakar Audu, the deceased candidate of the 2nd respondent, is lawful and that the 3rd respondent is right to have relied, beyond the 5,363 votes scored by the 1st respondent in the supplementary election of 5th December, on the 240,867 votes scored by the late Abubakar Audu in the election of 21st November 2016 declared inconclusive.

The lower Courts affirmation of these crucial findings of the Tribunal is the subject matter of the instant appeal.