The Court of Appeal in Abuja on Monday declared the seat for the Kogi East senatorial district vacant.
The judgment was delivered by Justice Abdul Aboki on a pre-election matter instituted before the appellate court.
Two persons, Attai Aidoko and Isaac Alfa, have been in court claiming to be the legal occupants of the seat.
According to INEC, Mr. Alfa scored 57, 575 votes to defeat five other candidates.
The All Progressives Congress (APC) did not participate in that election due to an Appeal Court judgment which prohibited it from fielding a candidate.

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