Kogi - The Kogi High Court sitting in Koton-Karfe on Monday nullified the May 4, 2013 Local Government Elections conducted in the state by the State Independent Electoral Commission (KOSIEC).
The judgement was delivered in two hours, eight minutes by Justice Alaba Omolaye-Ajileye.
The court issued a consequential order for the council chairmen in the 21 Local Government to handover the affairs of the councils to the most senior directors.
Omolaye-Ajileye affirmed the contention of the All Progressives Congress (APC) that the commission was not properly constituted to conduct the election.
It referred to the suit with the State Government, KOSIEC and seven others as co-defendants.
The judge held that, the constitution of members of the commission contravened Section 200 (1) of the 1999 Constitution of the Federal Republic of Nigeria (As amended).
He said that the prosecution had proved its case beyond reasonable doubt.
The prosecution proved that the Chairman, Ayo Olaniran, Mr David Apeh and three other members of the commission, were card-carrying members of the Peoples Democratic Party (PDP).
This, the court said, contravened the provisions of the constitution.
Three political parties had on April, 2013 approached the court to stop the conduct of the election.
It listed the parties to include the defunct All Nigeria Peoples Party (ANPP), Action Congress of Nigeria (ACN) and the Congress for Progressive Change (CPC).
The claimants, now APC, raised for consideration, four fundamental questions, including whether the commission was properly constituted in consonance with section 200(1) of the court.
Omolaye-Ajileye held that the commission, as an umpire, must “manifestly” be seen to be neutral.
He said that it would be inappropriate to interpret Section 200 (1) of the constitution (As amended) in his favour.
The judge described as shocking, the way the chairman of such a commission went “completely out of his way to join a political party.