Lawyers yesterday told the Independent Electoral Commission (INEC) that the death of the governorship candidate of the All Progressives Congress (APC) does not invalide the on-going election in the state.

They urged INEC to allow the deputy governorship candidate of the APC, Abiodun Faleke, to conclude the on-going election.

The former Chairman of Nigerian Bar Association (NBA), Ikeja Branch, Monday Ubani; a member of the Ogun State Judiciary Service Commission, Abayomi Omoyinmi and a lecturerý of Law at University of Lagos (UNILAG), Akoka, Wahab Shittu said the process should be concluded.

Ubani said: “Since the Electoral Act didn’t specifically provide for things like this happening in the course of an election, we would have to make recourse to the judicial pronouncement in the case of Rotimi Amaechi where the Supreme Court said in an election, it is the political party that is the beneficiary of election and not the candidate. That is why Amaechi that didn’t contest elections was sworn in.

“In this situation, the deputy governorship candidate would have to step in to conclude the process. If he wins the election, the APC would then decide on another deputy for him”.

According to Ubani, the time to choose a candidate through primary election had lapsed for all the political parties and it is not possible for any of the parties to go for primaries anymore.

Omoyinmi said: “In the eyes of the law, the deputy should ordinarily conclude the re-run election for the office of the governor and it is now left for him to pick a new running mate”.

Omoyinmi said the kind of situation in Kogi was not envisaged.

Shittu said the matter could be viewed from different perspectives.

Shittu said since the election was declared inconclusive, the running mate should be allowed to step in and conclude the process of the supplementary election.

This, he said, has become necessary because the electoral law did not envisage such an incident–Audu’s death.

On the other perspective, he said since it is the ýparty that fields the candidate, and that since the election has turned this way, the party would have to replace the governorship candidate.

“Which means that election might be conducted afresh. The death of a candidate during the process of an election automatically voids the election. It is not a question of an election being inconclusive. The entire electoral process is now altered with the death of the governorship candidate,” he said.

Constitutional lawyer and Senior Advocate of Nigeria (SAN) Malam Yusuf Ali said the situation in Kogi is “very complex, because the election has been declared inconclusive”.

He said: “If he had won the election outright, it would have been a different matter, but with the way things are, it is very delicate.”

Chief Niyi Akintola (SAN) said: “There can be fresh election. INEC can only conduct supplementary election in the 91 polling units. The death of Audu cannot nullify the election. It was APC that contested the governorship election not Audu as an individual.”

Akintola explained that it is left to the APC to pick another candidate from among those that contested the governorship primary with Audu or ask the deputy governorship candidate, James Faleke to take over.

“The decision lies with the APC,” he added.

The presidential candidate of the United Progressive Party (UPP) in the last general elections, Chief Chekwas Okorie, said it was a very shocking development that threw everybody off-balance.

He said: “ From every indication, it is a political party that wins an election; the result so far released suggests that the people of Kogi State are favourably disposed to an APC government to be in-charge of affairs in the next four years. What it therefore means is that the APC still has a chance, even his death, to govern the state, based on the result already declared.

“So, they should follow up the supplementary election with the same atmosphere of peace that we witnessed in last Saturday’s election. If their choice is the APC, then let the APC rule them in the next four years.”

Cc: lalasticlala

http://thenationonlineng.net/lawyers-to-inec-death-of-apc-candidate-does-not-invalidate-election/

What I know and think about Kogi Election!

After Audu's death, I knew it wasn't just 'DEATH', he was killed intentionally. But I asked who might it be
Lemme start from here...Audu was actualy nominated as the APC candidate because he gained ground in Kogi state and he was really popular, not because APC of the state eventually wanna make him go for the govnorship election or because he was a very good man, NO!. And in that case, for them (APC) to win, they need someone who will win the election.

Before his death, though the election wasn't concluded yet, am sure APC won.


Now My View about the incident.

Checking from what happened, we cant say Audu was killed by an opposition party but by his own party. Looking closely, I guess their plan is:
If Audu should win the election, since they actually want his deputy as the gov, the best is to kill Audu, make his deputy be the gov then everything goes fine. But it backfired. The election is inconclusive and I don't think if there is a rerun of the voting (which I don't think there will be), APC might lose ground to PDP I Kogi state.

But my question is still...
WHY WILL THEY WANT HIM DEAD?

Wada, Ojo attah do mo age ooo

They urged INEC to allow the deputy governorship candidate of the APC, Abiodun Faleke, to conclude the on-going election.


Good. and i think that's what should happen.

RIP Audu...

May Allah (SWT) forgive the departed soul on behalf of my family and all of us in Federal university Lokoja.

Chief Niyi Akintola (SAN) said: “There can be fresh election. INEC can only conduct supplementary election in the 91 polling units. The death of Audu cannot nullify the election. It was APC that contested the governorship election not Audu as an individual.”

Akintola explained that it is left to the APC to pick another candidate from among those that contested the governorship primary with Audu or ask the deputy governorship candidate, James Faleke to take over.

“The decision lies with the APC,” he added.


lets wait and see how it plays out.

Nation newspaper!

na wao...

DONSMITH123:
Chief Niyi Akintola (SAN) said: “There can be fresh election. INEC can only conduct supplementary election in the 91 polling units. The death of Audu cannot nullify the election. It was APC that contested the governorship election not Audu as an individual.”

Akintola explained that it is left to the APC to pick another candidate from among those that contested the governorship primary with Audu or ask the deputy governorship candidate, James Faleke to take over.

“The decision lies with the APC,” he added.


lets wait and see how it plays out.

APC really gat work here...but i begged the youths to remain calm.

donTbone:
What I know and think about Kogi Election!

After Audu's death, I knew it wasn't just 'DEATH', he was killed intentionally. But I asked who might it be
Lemme start from here...Audu was actualy nominated as the APC candidate because he gained ground in Kogi state and he was really popular, not because APC of the state eventually wanna make him go for the govnorship election or because he was a very good man, NO!. And in that case, for them (APC) to win, they need someone who will win the election.

Before his death, though the election wasn't concluded yet, am sure APC won.


Now My View about the incident.

Checking from what happened, we cant say Audu was killed by an opposition party but by his own party. Looking closely, I guess their plan is:
If Audu should win the election, since they actually want his deputy as the gov, the best is to kill Audu, make his deputy be the gov then everything goes fine. But it backfired. The election is inconclusive and I don't think if there is a rerun of the voting (which I don't think there will be), APC might lose ground to PDP I Kogi state.

But my question is still...
WHY WILL THEY WANT HIM DEAD?

my brother, politicians can't be trusted.

Even Wada himself is not clean, but only God knows what really happened to AUDU.

We will put his running mate to his position. We av won already

pls nullify that election, the kogi people voted for audu, not faleke,..

OnankpaBa:




my brother, politicians can't be trusted.

Even Wada himself is not clean, but only God knows what really happened to AUDU.

Seriously, I really dnt like doing politics.
As for Wada, he has lost his reputation in Kogi.
Trust me, neither of Audu nor Wada is a good option in Kogi...but since that's the options they have,
election must proceed.
And since it is how it is now, God will help Faleke!

zinachidi:
pls nullify that election, the kogi people voted for audu, not faleke,..

And why will they Nullify it
They voted for Audu, not Faleke.. and INEC is more concerned about the Party not Individual...
OR have u heard them call the name of the contestant while counting the votes?

Obviously



Female gladiators sandals available
https://www.nairaland.com/2750702/female-gladiator-atmosphere-primark-leather

.

A fresh election should be conducted

Ok

all I see is a test of kogi people nepotism level....

See this

https://www.nairaland.com/2740386/shelves..beautiful

Finally, it's power shift to Okun

Section 181(1) of the 1999 constitution states;

http://www.nigeria-law.org/ConstitutionOfTheFederalRepublicOfNigeria.htm#State_Executive

This is going to be a long week of Legal tussle..

Why are the igala's scared of a power shift? Isn't competence the watchword again...why are we still playing tribal politics... the Constitution is clear, APC reserves the right to appoint a new governorship candidate...

What is good for amaechi is also good for faleke. If amaechi could become a governor due to party consideration and not candidate by the supreme court,then I see no reason why faleke shoudnt be sworn in as governor. But that's IF apc is declared winner of the election.
Nb: but I read the supreme Court said amaechi's case shouldn't be used as a precedent. Naija judicial system is synonymous in action to Jimjam or nickledeon channel.

k
Meanwhile jazz wey pass Kogi own na Angel Lucifer get am,meanwhile APC blames PDP for this,says the blood he vomitted was red,Kyrie Eleison(Lord have mercy)

i thought about it too...

Constitution interpretation is a very complex, we all interpret it to what will favour us.

One is certain , only the supreme court intetpretation will bind on us.

People voted for Audu not APC, Audu was their former Governor whom the Kogi people have tested thus clamoring for his return...

The election should be cancelled pending when APC fields another nd an election conducted..



Even Devil is not as potent as Kogi Juju...

As we proceed.....

Ultimately, Jagaban has installed another stooge in Kogi in the person of James Faleke

Nigerians, sum1 just died for Christ sake.