Please what does the constitution says if a governorship aspirant dies before election result is declared

1. If the dead man wins the election does the deputy step in as the governor or there must be a fresh election

Lala
Seun

Are you worried who takes his position... We should find out what really could be the cause of his death.

The party will decide either
1. To Have another primaries,
2. The runner up in primaries to emerge the aspirant
3. The deputy to be the aspirant
4. No candidate for the position

princejayboss:
Are you worried who takes his position... We should find out what really could be the cause of his death.

He might have high blood pressure. Therefore the stress of election might have elevated the BP and he might not control it very well.

Lawyers in the building, come and show us your qualifications o!

Adewummy007:

He might have high blood pressure. Therefore the stress of election might have elevated the BP and he might not control it very well.

Why all the political stress ... He should have stayed away from the heat, since he knew he was not fit ... R.I.P to the dead

Because it is party that fields d candidate that is the Election is between two political parties and not individual the party will now field a disired candidate of their choice remember atiku and obj after primaries atiku left for vp while d deputy went ahead with d Election same with GEJ and silva of bayelsa
But d lawyers may bring in technicalites of d candidate being acceptable and not d party
But supreme court will sort it out

arabaribiti:
Please what does the constitution says if a governorship aspirant dies before election result is declared

1. If the dead man wins the election does the deputy step in as the governor or there must be a fresh election

Lala
Seun

The man has not even been confirmed dead and you thinking of who would occupy his yet to be awarded sit? This is the kind of thing that makes people's spirit turn back from the road to heaven and start hunting their enemies. Haba!!!

This election will be cancelled. A dead man can't go into supplementary election. The constitution is very clear in this case. The election will be suspended till the party choose another candidate, who will go into a fresh election.
Edited.
Those who are happy over this guy's death shouldn't rejoice yet. He was still a candidate before his death. The running mate is still a candidate.
The law is very clear on the death of a candidate for an election.

A fresh primaries to replace him by the party will be conducted. The election will be suspended for the primary election. A fresh candidate will be presented, who will go for fresh election.

princejayboss:


Why all the political stress ... He should have stayed away from the heat, since he knew he was not fit ... R.I.P to the dead

He might want to use the political stress to suppress his blood pressure. For example exercise increase blood pressure and same exercise can be use to manage blood pressure. That was why I concluded that the HBP was not well managed.
It's just my #Hypothesis. He might die of another clinical condition.

His running-mate.
I foresee constitutional crisis though.

@OP you have to understand that political parties present candidates for elections. In the case of Governorship election, their is a joint ticket(Gov and Dep Gov candidates). The law provides that in the event that the Gov candidaÞe cannot be sworn-in (whether death, resignation, stroke etc), the running mate assumes the post of Governor. See Boni Haruna Vs INEC (1998)

Also the constitution provides that the running mate be sworn in in the event of the death of Governor-elect. James Faleke is the incoming Kogi state Governor!

001ng:
This election will be cancelled. A dead man can't go into supplementary election. The constitution is very clear in this case. The election will be suspended till the party choose another candidate, who will go into a fresh election.

are you sure about this?

Phame:
are you sure about this?

Yes. He has not won already. It's inconclusive. A dead man can't go into an election. Go and check your electoral act . If a candidate dies after the deadline for submission of the candidate for an election, they election will be suspended till the party provides a replacement.

Faleke enter chap chap

See s.181 of the constitution of the federal republic of Nigeria 1999, the Deputy governor of the party that won shall be sworn in.

lordcabasa:
See s.181 of the constitution of the federal republic of Nigeria 1999, the Deputy governor of the party that won shall be sworn in.

He has not worn the election.

Don't rejoice yet. He was still a candidate as of the time of his death.

TonyeBarcanista:
@OP you have to understand that political parties present candidates for elections. In the case of Governorship election, their is a joint ticket(Gov and Dep Gov candidates). The law provides that in the event that the Gov candidaÞe cannot be sworn-in (whether death, resignation, stroke etc), the running mate assumes the post of Governor. See Boni Haruna Vs INEC (1998)

Also the constitution provides that the running mate be sworn in in the event of the death of Governor-elect. James Faleke is the incoming Kogi state Governor!

Na so God Dash Christian Lagos, come dash us Kogi again?

God dey try sha!

001ng:
This election will be cancelled. A dead man can't go into supplementary election. The constitution is very clear in this case. The election will be suspended till the party choose another candidate, who will go into a fresh election.

Your argument is flaw.

Section 136 (1) "If a person duly elected as President dies
before taking and subscribing the Oath of Allegiance and oath of office, or is for any reason whatsoever unable to be sworn in, the person
elected with him as Vice-President shall be sworn in as President and he shall nominate a new Vice-President who shall be appointed by the President with the approval by a simple majority of the National Assembly at a joint sitting"

Same is applicable to the office of Governor.

May the soul of the departed rest in peace.

001ng:

Yes. He has not won already. It's inconclusive. A dead man can't go into an election. Go and check your electoral act . If a candidate dies after the deadline for submission of the candidate for an election, they election will be suspended till the party provides a replacement.

If the party provides another candidate, will the election be started from where it stopped (as in the conclusion) or will it be a fresh one?

Bros, that's harsh o.

PRYCE:
Na so God Dash Christian Lagos, come dash us Kogi again?

God dey try sha!

alaoeri:

Your argument is flaw.

Section 136 (1) "If a person duly elected as President dies
before taking and subscribing the Oath of Allegiance and oath of office, or is for any reason whatsoever unable to be sworn in, the person
elected with him as Vice-President shall be sworn in as President and he shall nominate a new Vice-President who shall be appointed by the President with the approval by a simple majority of the National Assembly at a joint sitting"

Same is applicable to the office of Governor.

May the soul of the departed rest in peace.

Remember that INEC didn't declare him winner of the election before he died. He was still a candidate prior to his death.

San2ski:


If the party provides another candidate, will the election be started from where it stopped (as in the conclusion) or will it be a fresh one?

It will be a fresh election.
The candidate is dead.

Its left for the party to either field the deputy or another candidate b4 the rerun election. The deputy would have taken over constitutionally if audu was declared winner

TonyeBarcanista:
Bros, that's harsh o.

Seriously!....Here in Jos, We try to be neutral but religion has divided us already!...

The whole of the middle belt's driven by the politics of religion... cos The Middle belt's evenly divided between christians and muslims! So there's a power tussle.

Well, I was only echoing something my buddy here said!

TonyeBarcanista:
@OP you have to understand that political parties present candidates for elections. In the case of Governorship election, their is a joint ticket(Gov and Dep Gov candidates). The law provides that in the event that the Gov candidaÞe cannot be sworn-in (whether death, resignation, stroke etc), the running mate assumes the post of Governor. See Boni Haruna Vs INEC (1998)

Also the constitution provides that the running mate be sworn in in the event of the death of Governor-elect. James Faleke is the incoming Kogi state Governor!

These case is different from that Boni Haruna because boni Haruna was deputy governor elect

koma1:
Its left for the party to either field the deputy or another candidate b4 the rerun election. The deputy would have taken over constitutionally if audu was declared winner

You guys are missing up something. The electoral act says something about the death of a candidate standing for election. It states that the election will be suspended , the party involved will conduct fresh primaries to choose another candidate. Now, a new candidate can't start from where audu stopped. There will be a total fresh election in kogi state.

001ng:

Remember that INEC didn't declare him winner of the election before he died. He was still a candidate prior to his death.

The election has been conducted just that is inconclusive, his name & that of his deputy is already with INEC, in this scenario the deputy will be elevate & a new name will be forward to INEC as deputy, your argument is valid prior to the election & not now that more than 80% of the election is conducted.

The speaker of the house will be sworn in pending the conduct of a fresh election.

001ng:

You guys are missing up something. The electoral act says something about the death of a candidate standing for election. It states that the election will be suspended , the party involved will conduct fresh primaries to choose another candidate. Now, a new candidate can't start from where audu stopped. There will be a total fresh election in kogi state.

I think u're right

alaoeri:

The election has been conducted just that is inconclusive, his name & that of his deputy is already with INEC, in this scenario the deputy will be elevate & a new name will be forward to INEC as deputy, your argument is valid if the election hasn't been conducted not now that the election is more than 80% conducted.

You are sounding sentimental. In law, there is no sentiment. As at today, he was a candidate. That's finished. Another candidate can't stand on another candidate votes. Electoral act is very explicit on the death of candidates .

Read section 181(1) of the 1999 constitution as amended (2011)
It talks abt d death of a governor to be
D deputy is to take oath of office n appointa deputy ssubject to d state assembly simple majority to approve such