Welcome, Guest: Register On Nairaland / LOGIN! / Trending / Recent / NewStats: 3,152,506 members, 7,816,208 topics. Date: Friday, 03 May 2024 at 07:43 AM |
Nairaland Forum / Nairaland / General / Politics / No Constitutional Provision For Audu’s Death – Lawyers (1578 Views)
No Constitutional Provision For Audu's Death- Lawyers / INEC Knew Of Audu’s Death Before Announcing Results / Olufemi Olu-kayode Confirms Audu's Death (2) (3) (4)
No Constitutional Provision For Audu’s Death – Lawyers by Bimpe29: 9:26pm On Nov 22, 2015 |
Following the news of the demise of the All
Progressive Congress (APC) gubernatorial
candidate, Audu Abubakar in Kogi state on
Sunday, lawyers across the country has stated
that there is a lacuna as the constitution did not
make provisions for such an occurrence
According to them, there is an obvious oversight
and grave omission of such circumstances in the
Nigerian constitution and to move forward, the
doctrine of necessity may have to come in.
The former Chairman of the Nigerian Bar
Association, Ikeja chapter, Onyekachi Monday
Ubani told Nigerian Tribune that the matter is a
serious one considering that there are no
constitutional provisions for such matters
“This is a serious one that the constitution did
not envisage. There are no precedents to such
an occurrence and if we talk about the party
choosing another candidate, we also have to
consider that the period for selection of
candidate has elapsed; there is a time limit for
such things. But I think that in this case, the
deputy will have to go for a fresh election
“If we go by the Supreme Court’s ruling on
Rotimi Amaechi’s case where it was held that
the party and not the candidate is the
beneficiary of elections. So I believe the deputy
will have to go for elections and if he wins, he
will now choose a deputy.
“This is a serious omission and the law needs to
be amended quickly,” Ubani concluded
Another human rights lawyer, Ikechukwu Ikeji
Esq. also aligned with this. According to him,
there are no known provisions for this scenario.
“There are no laid down rules or provisions for
this, the constitution never imagined such an
occurrence, the only similar provision to this is
Section 36 of the Electoral Act which indicates
that if a candidate dies before the polls, INEC
should cancel and postpone the election for 14
days.
“But now that the election is already underway,
the situation is different. In my secular view
except further research contradicts what I have
said, there should be a fresh election with the
deputy or they should go to the Supreme Court
for interpretation.”
Also speaking, Barrister Olusayo Adeleye stated
that there are no provisions for such and
consequently, there will have to be a fresh
election with Honorable James Abiodun Faleke,
the deputy stepping in as the gubernatorial
candidate
Barrister Kayode Ajayi also stated that since
there are no provisions in the constitution, the
APC will have to look for another candidate. The
doctrine of necessity comes in since the vacuum
needs to be filled. The law didn’t envisage this
but there must be a way out. Remember when
Atiku Abubakar as governor was chosen to be
the Vice President, his deputy, Bonny Haruna
stood in as the Governor and selected another
deputy.
Barrister Taoheed Asudemade was also of the
same opinion. He stated that since there are no
provisions, the APC will have to look for another
candidate while INEC will conduct another
election. His death has nullified the one that is
on-going. |
Re: No Constitutional Provision For Audu’s Death – Lawyers by ziky2010(m): 9:37pm On Nov 22, 2015 |
untimely death will not be our portion IJN 2 Likes |
Re: No Constitutional Provision For Audu’s Death – Lawyers by rusher14: 9:47pm On Nov 22, 2015 |
So if the HOPE party (Just for example o!) candidate had passed during the last presidential election we would have had an impasse? Interesting. |
Re: No Constitutional Provision For Audu’s Death – Lawyers by mike404(m): 9:49pm On Nov 22, 2015 |
NgeneUkwenu TONYEBARCANISTA |
Re: No Constitutional Provision For Audu’s Death – Lawyers by IsraeliAIRFORCE: 9:53pm On Nov 22, 2015 |
My earlier postulation was then perfectly in order. Cc Ngeneukwenu MichealEmeritus stop insulting sensible analysts to avoid chasing the few on Nairaland away. MichealEmeritus: |
Re: No Constitutional Provision For Audu’s Death – Lawyers by dustmalik: 9:58pm On Nov 22, 2015 |
Since the constitution didn't envisage this situation, then i think whatever decision is taken by INEC, can be challenged at the courts. This case could go up to the supreme court. |
Re: No Constitutional Provision For Audu’s Death – Lawyers by Brightology2(m): 10:00pm On Nov 22, 2015 |
Pls N'landers i need info on d cost of tourism visa to philipine and d duration 4 d readiness |
Re: No Constitutional Provision For Audu’s Death – Lawyers by PRYCE(m): 10:18pm On Nov 22, 2015 |
Just as I feared! |
Re: No Constitutional Provision For Audu’s Death – Lawyers by TonyeBarcanista(m): 7:13am On Nov 23, 2015 |
Oboy, this will end in Supreme Court |
Re: No Constitutional Provision For Audu’s Death – Lawyers by ishiamu(m): 7:39am On Nov 23, 2015 |
TonyeBarcanista: Naso, ngeneukwenu any contradiction to this?? What do you have to say? |
Re: No Constitutional Provision For Audu’s Death – Lawyers by oshyno(m): 7:48am On Nov 23, 2015 |
I bet u if they conduct a fresh election with Faleke as the APC flag bearer, Wada don win be dat. I heard igala is like hausa, they only vote their own even if he is a dunde. |
Re: No Constitutional Provision For Audu’s Death – Lawyers by TonyeBarcanista(m): 8:00am On Nov 23, 2015 |
ishiamu:See, everyone is at best stating opinion. But I am of the opinion that the SC will affirm Faleke as the Governorship candidate without ordering for a fresh election. There are precedents of similar magnetude. |
Re: No Constitutional Provision For Audu’s Death – Lawyers by ishiamu(m): 8:15am On Nov 23, 2015 |
TonyeBarcanista: None has to do with death right? |
Re: No Constitutional Provision For Audu’s Death – Lawyers by mirabel001(f): 9:23am On Nov 23, 2015 |
ele yi gi di gan.....lawyers @work |
Re: No Constitutional Provision For Audu’s Death – Lawyers by Dannyset(m): 11:04am On Nov 23, 2015 |
Constitution logjam! |
(1) (Reply)
Buhari Overstated His Ability To Stop Terrorism.......british Media / Pics: Young Musa Yaradua & Wife Turai In The 70s / Rivers Rerun: PDP Wins APC In Wike’s Unit
(Go Up)
Sections: politics (1) business autos (1) jobs (1) career education (1) romance computers phones travel sports fashion health religion celebs tv-movies music-radio literature webmasters programming techmarket Links: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) Nairaland - Copyright © 2005 - 2024 Oluwaseun Osewa. All rights reserved. See How To Advertise. 18 |