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Lawyers To INEC: Death Of APC Candidate Does Not Invalidate Election - Politics (3) - Nairaland

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Re: Lawyers To INEC: Death Of APC Candidate Does Not Invalidate Election by Osyxcel(m): 8:26am On Nov 23, 2015
Constitution

1 Like

Re: Lawyers To INEC: Death Of APC Candidate Does Not Invalidate Election by donTbone(m): 8:27am On Nov 23, 2015
Omotolu:
...Audu was just a child of circumstances. He could not have been killed by his party. He died before INEC announced the results. From source, he had been sick since Friday, a day to the election. Too bad he saw his victory. Too bad he did not receive the victory. Too bad you are accusing his party of wrong doing. Too bad, everything is vanity...
Really like your quote bro.
That's why I have to choose my words well... I didn't just post, am sure of the comment I made.
Its from a clear source and I wont say more.

Mind you, am not an APC or PDP fanatic!
Just my point of view
Re: Lawyers To INEC: Death Of APC Candidate Does Not Invalidate Election by kaludestiny(m): 8:27am On Nov 23, 2015
That is their headache
Re: Lawyers To INEC: Death Of APC Candidate Does Not Invalidate Election by limamintruth: 8:28am On Nov 23, 2015
DONSMITH123:
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/


Lol; wishful thinking by apc legal apologists. grin

I can see that in their desperation, apc newspaper 'the nation' went around interviewing their legal apologists to mislead people.

But whether apc likes it or not, no party can participate in any election without a flagbearer; a party's candidate is just as important as the party sponsoring him/her.

Note that no party can succeed without fielding a candidate, but its possible to have an independent candidate(who is not contesting on the platform of any political party) participate in election.
Re: Lawyers To INEC: Death Of APC Candidate Does Not Invalidate Election by otr1(m): 8:28am On Nov 23, 2015
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? embarassed
And some idiiots liked and shared this rubbish?
Nigeria is finished!

3 Likes

Re: Lawyers To INEC: Death Of APC Candidate Does Not Invalidate Election by donTbone(m): 8:29am On Nov 23, 2015
cirmuell:
Dang!!! shockedshockedshocked


Bro, here on earth, we are in the year 2015. So, which part of the universe did you say you teleported from again? shocked
How is that adding to me?
Re: Lawyers To INEC: Death Of APC Candidate Does Not Invalidate Election by Nobody: 8:29am On Nov 23, 2015
donTbone:

Really like your quote bro.
That's why I have to choose my words well... I didn't just post, am sure of the comment I made.
Its from a clear source and I wont say more.

Mind you, am not an APC or PDP fanatic!
Just my point of view
...you may be right.
Re: Lawyers To INEC: Death Of APC Candidate Does Not Invalidate Election by donTbone(m): 8:30am On Nov 23, 2015
otr1:

And some idiiots liked and shared this rubbish?
Nigeria is finished!
If you didn't like the same rubbish, you wouldn't av posted! grin grin grin
Re: Lawyers To INEC: Death Of APC Candidate Does Not Invalidate Election by Jaideyone(m): 8:30am On Nov 23, 2015
donTbone:
ok... Are we gud now! tongue
yes
Re: Lawyers To INEC: Death Of APC Candidate Does Not Invalidate Election by okonjoshua: 8:30am On Nov 23, 2015
Is this how power can be shifted to okun by playing dirty,nonsense
STFUareyouGod:
Finally, it's power shift to Okun

Section 181(1) of the 1999 constitution states;

http://www.nigeria-law.org/ConstitutionOfTheFederalRepublicOfNigeria.htm#State_Executive
is this how power can be shifted to okun by playin dirty
Re: Lawyers To INEC: Death Of APC Candidate Does Not Invalidate Election by Aliyu333: 8:30am On Nov 23, 2015
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? embarassed
WHAT I THINK? NON OF THE ABOVE MUST BE INVOLVED BEFORE HE SHOULD DIE. HIS TIME WAS JUST UP, SO MAY ALLAH HAVE MERCY ON HIM. AMEEN.
Re: Lawyers To INEC: Death Of APC Candidate Does Not Invalidate Election by donTbone(m): 8:31am On Nov 23, 2015
Omotolu:
...you may be right.
Exactly my point... I might be right as much as am wrong!
Its all normal we share our point of view and its all fun if we are criticized also.


I really have to #ThumbYouUp bro

1 Like

Re: Lawyers To INEC: Death Of APC Candidate Does Not Invalidate Election by Nobody: 8:32am On Nov 23, 2015
okonjoshua:
Is this how power can be shifted to okun by playing dirty,nonsenseis this how power can be shifted to okun by playin dirty
well I don't understand what you mean by the highlighted
Re: Lawyers To INEC: Death Of APC Candidate Does Not Invalidate Election by donTbone(m): 8:32am On Nov 23, 2015
Aliyu333:

WHAT I THINK? NON OF THE ABOVE MUST BE INVOLVED BEFORE HE SHOULD DIE. HIS TIME WAS JUST UP, SO MAY ALLAH HAVE MERCY ON HIM. AMEEN.
Maybe...Maybe not! lipsrsealed
Re: Lawyers To INEC: Death Of APC Candidate Does Not Invalidate Election by cirmuell(m): 8:33am On Nov 23, 2015
donTbone:

How is that adding to me?
For you to spew that trash in 2015, you sure as hell ain't from around here.
Re: Lawyers To INEC: Death Of APC Candidate Does Not Invalidate Election by LastProphet: 8:34am On Nov 23, 2015
donTbone:


I didn't get a point outta wah you just posted! undecided
Kinda confused!

bros nobody killed audu, he died that is what happened. i am linked to his family and I can tell you nobody killed him, incase you don't know he has been postponing a medical trip to the US because of the election
Re: Lawyers To INEC: Death Of APC Candidate Does Not Invalidate Election by mymadam(m): 8:35am On Nov 23, 2015
donTbone:
...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 my question is still...
WHY WILL THEY WANT HIM DEAD?
embarassed

@Op, you've already answered your question (bolded). If your observation is correct, then the real question should be; WHAT NEXT FOR APC?
Re: Lawyers To INEC: Death Of APC Candidate Does Not Invalidate Election by mayortm001(m): 8:36am On Nov 23, 2015
All progressive confidence (APC)
Independent Nigerian Electoral Commission (INEC). End tym judgement, rip to the deceased.
Re: Lawyers To INEC: Death Of APC Candidate Does Not Invalidate Election by donTbone(m): 8:36am On Nov 23, 2015
mymadam:


@Op, you've already answered your question. If your observation is correct, then the real question should be; WHAT NEXT FOR APC?
Ans to the question...
if The deputy will be a good option, then they go for it...
Otherwise... lipsrsealed
Re: Lawyers To INEC: Death Of APC Candidate Does Not Invalidate Election by osazeeblue01: 8:36am On Nov 23, 2015
Another fresh election should be conducted since there is no constitutional provision for such.
Re: Lawyers To INEC: Death Of APC Candidate Does Not Invalidate Election by donTbone(m): 8:37am On Nov 23, 2015
LastProphet:


bros nobody killed audu, he died that is what happened. i am linked to his family and I can tell you nobody killed him, incase you don't know he has been postponing a medical trip to the US because of the election
ok.
Thank you!
Re: Lawyers To INEC: Death Of APC Candidate Does Not Invalidate Election by donTbone(m): 8:37am On Nov 23, 2015
cirmuell:
For you to spew that trash in 2015, you sure as hell ain't from around here.
Ok.. can you move clear, av got more things to attend to! embarassed
Re: Lawyers To INEC: Death Of APC Candidate Does Not Invalidate Election by walozanga(m): 8:39am On Nov 23, 2015
AUDU MIGHT HAVE BEEN POISONED BY FALEKE.. NOTHING IS IMPOSSIBLE FOR APC POLITICIANS. CHECKOUT SARAKI AND THE REST, THEY CAN DO THE UNDO
Re: Lawyers To INEC: Death Of APC Candidate Does Not Invalidate Election by Nobody: 8:40am On Nov 23, 2015
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? embarassed

undecided
Re: Lawyers To INEC: Death Of APC Candidate Does Not Invalidate Election by henrysam(m): 8:40am On Nov 23, 2015
zinachidi:
pls nullify that election, the kogi people voted for audu, not faleke,..
On the ballot paper, is it the name of Audu that is printed there or the name and logo of the party?
I think it's better we think well before posting anything.
Sentiments should not over ride our reasoning
Re: Lawyers To INEC: Death Of APC Candidate Does Not Invalidate Election by agabusta: 8:41am On Nov 23, 2015
limamintruth:



Lol; wishful thinking by apc legal apologists. grin

I can see that in their desperation, apc newspaper 'the nation' went around interviewing their legal apologists to mislead people.

But whether apc likes it or not, no party can participate in any election without a flagbearer; a party's candidate is just as important as the party sponsoring him/her.

Note that no party can succeed without fielding a candidate, but its possible to have an independent candidate(who is not contesting on the platform of any political party) participate in election.

Independent candidacy is nonexistent in Nigeria.

The mandate is jointly owned by the party and the candidates. The party takes the prority here followed by the candidates.

According to the electoral Act, If the major flag bearer dies before the election, then the election will be cancelled and another election conducted.

According to the constitution, If an elected candidate dies before assuming office, the Deputy is sworn in as replacement.

The constitution/electoral Act is silent on what happens when the election is still in progress and the lead candidate of one of the parties dies.

From my own opinion, as the mandate is also owned by the party, the votes gotten so far cannot be voided as it is a vote for APC, Audu and Faleke.

As APC and Faleke are still available, the votes gotten so far rightly belongs to them and they should go on to complete the process with Faleke as the Flag bearer.

Faleke will then nominate someone as a running mate.
Re: Lawyers To INEC: Death Of APC Candidate Does Not Invalidate Election by cirmuell(m): 8:41am On Nov 23, 2015
donTbone:

Ok.. can you move clear, av got more things to attend to! embarassed
Oh yeah? Like spewing more trash, eh? cheesy
Re: Lawyers To INEC: Death Of APC Candidate Does Not Invalidate Election by Samexdx(m): 8:42am On Nov 23, 2015
zinachidi:
pls nullify that election, the kogi people voted for audu, not faleke,..
oga we voted for APC
Re: Lawyers To INEC: Death Of APC Candidate Does Not Invalidate Election by donTbone(m): 8:42am On Nov 23, 2015
cirmuell:
Oh yeah? Like spewing more trash, eh? cheesy
Like there has been enough trash grin tongue
Re: Lawyers To INEC: Death Of APC Candidate Does Not Invalidate Election by Tmaritas76(m): 8:44am On Nov 23, 2015
aare07:
May Allah (SWT) forgive the departed soul on behalf of my family and all of us in Federal university Lokoja.
are you authorise to write onbehalf of federal university of kogi.end time tribute
Re: Lawyers To INEC: Death Of APC Candidate Does Not Invalidate Election by cirmuell(m): 8:44am On Nov 23, 2015
donTbone:

Like there has been enough trash grin tongue
cheesygrin
Re: Lawyers To INEC: Death Of APC Candidate Does Not Invalidate Election by donTbone(m): 8:45am On Nov 23, 2015
cirmuell:
cheesygrin
Mind you..if the trash aren't spewed sometimes, yu wont be noticed.
lipsrsealed wink

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