bakila:

You have a point, but is his opinion that counts for now.

only correcting the wrong statement that he is a judge. Whether he is right or wrong will be debated in court later

meforyou1:
only correcting the wrong statement that he is a judge. Whether he is right or wrong will be debated in court later

Of course!

QatarPlayboy:

I said u shud SHUT UP. or are u mad?

Tom-boy.
I leave you with the most appropriate answer to a fool.

maupe:
This is totally unacceptable. The AGF should have called for fresh elections. So as to have a fair and free dispensation, a fresh election is the only thing that should have sufficed. If INEC wants to be taken serious, they should discountenance the AGF's interpretation and announce a day for Fresh elections. This is Fraud.

Hungry person.
If PDP was leasing, would you V called for fresh election?
Abubakar Aufg had a deputy, party etc.
You should cry a river after APC wins the supplementary elections

The case of GEJ Yar Adua is diff from this, they were president and vice respectively, but audu and faleke were candidate and running mate since the election was declared inconclusive and no winner has been announced. There is a supplementary election within 14 days which the APC can present another candididate that would eventually inherit the vote cast for Audu. The law actually did not make provision for what will happen if death occurs at this stage but only made provision if death occurs before and after election. Now it should be noted that the death occurred during the process of the election . the closest provision is that APC can substitute but after interpretation by the election tribunal. Now talking of faleke, he cannot just step in automatically unless there is a favourable party internal rules that would favour him but the right thing to do aside that is to make reference to the party primary election result that produced a winner and a second, third position. Note that it would be morally wrong to assume faleke should step in since he did not contest any primary election but only a spare tire. Had it been that Audu had been declared a winner, then it becomes his right. Fingers crossed.

QatarPlayboy:

Judiciary is an arm of govt(an institution) while politicians re persons dat runs this arms(and judiciary is nt part of dis arms runed by politicians bcus judges that runs judiciary re nt recognise all over the world as politicians). so how come an institution is more corrupt than the people that runs it? you see wetin supporting pdp don do to ur brahn?

Warris this one saying here ?, all the election petition tribunal judgments being delivered in favour of APC since Buhari assumed office, would it have been so if another party is the ruling party ?, do you know what is separation of power ?

[quote author=Clevite post=40360137]The ball is in APC's court. They have two options left for them. It's either they fill the space with the candidate second in position to Audu at the party primaries or with Abiodun Faleke who is already a joint contestant with Audu for the people's mandate. The mandate primarily belongs to the party and the Party has the sole decision to chose who to give it to among its eligible members.

Only two APC's members are eligible in the circumstance at hand to fill in the vacuum. It's either a party member who contested in the party primaries that produced Audu in the first place, in which case the candidate that came closest to Audu in votes then may most likely fit in, or the candidate in joint contest with him for the party's mandate in the Guber elections, which is still ongoing. As it is now, the APC maintains the right to chose from either of them as there is no law that specifically states they must consider previous party primaries to chose the candidate to fill Audu's position in the circumstance. [you just spoke my mind.... I wonder why some people just come up here talking trash on the ground of their ethno-religion mentality ]

maupe:

Both the constitution and the electoral act did not envisage the situation in Kogi. The elections were declared inconclusive. If the winner had been announced, this would have been the appropriate decision.

...the electoral body will apply its discretion on the relevant provisions in the Nigerian constitution...

[quote author=ezebunafo post=40359090]


http://theeagleonline.com.ng/breaking-news-apc-will-only-substitute-audu-for-kogi-supplementary-election-agfuote] If the votes were for APC,then there shouldn't be an issue of a party not fielding a candidate either properly or not as the case with Taraba?

[guy .... so where were you all this while ever since court have been nullifying and replacing candidates declared winner by inec and sworn in ? ]

No court will rule this INEC hve d final say on dis... [/quote]

baby124:
Well it has to be Faleke because that is why there is a main candidate and a deputy. In case of situations like this. Same happened with GEJ and Yar Adua. It doesn't matter whether they have been elected as long as the process has started. If a ship's captain dies on a journey, the deputy takes over. You don't stop the ship and fly in a new captain to take over. That is absurd.

This is too complicated for your logic to match it.

I am in support of the deputy continuing with the election; however, the law explicitly states that the deputy can take over if and only if they have been elected. As it stands, APC candidates are yet to be elected, thus APC has the right substitute the deceased candidate. On another note, the deputy has ran for the elections alongside the principal partially; APC cannot deny the deputy the fruits of his labour.

It all boils down to Tinubu!

baby124:
Well it has to be Faleke because that is why there is a main candidate and a deputy. In case of situations like this. Same happened with GEJ and Yar Adua. It doesn't matter whether they have been elected as long as the process has started. If a ship's captain dies on a journey, the deputy takes over. You don't stop the ship and fly in a new captain to take over. That is absurd.

my brother no u are wronged ... the Nigerian constitution section 181 has clarify the issues on ground ... " if the candidate has duly elected b4 his death , the deputy will take over " but in this case , Late Audi is yet to be declared. no winner as at this present moment . so section 33 must prevail . thanks

maupe:
This is totally unacceptable. The AGF should have called for fresh elections. So as to have a fair and free dispensation, a fresh election is the only thing that should have sufficed. If INEC wants to be taken serious, they should discountenance the AGF's interpretation and announce a day for Fresh elections. This is Fraud.

One of the pained wailer hahahah sorry your party have lost woefully..

agabusta:


1. The mandate Audu got at the primaries has been handed both to him and the Deputy by the virtue of him selecting Faleke as his Deputy.

Looking at it at another angle. After emerging the party's candidate, authority has been imposed on him by the party to make certain important decisions. One of such decision is the selection of who succeeds him per adventure he is unable to discharge the duties of the party's candidate (As a governor) and he selected Faleke.

That decision is binding on the party. Take it to any court.


It is not only through primaries that a party can present a candidate.[/b]

A candidate can emerge by General consensus of the party as was the case in Benue state, which PDP challenged at the tribunal and lost, and even challenged at the appeal court and still lost.

2. There is no where it is written in all of our laws, that if anything happens to the flagbearer, that the person that emerged 2nd during the primaries should be handed the mandate.

Unfortunately no judicial authority or statute were cited but i will pass
S181(1) of the 1999 constitution as amended which you premised your first bolded point is IRRELEVANT IN THE SCHEME OF THINGS SIMPLY BECAUSE AUDU/FALEKE DID NOT WIN Do you understand

Second bolded The Electoral act says that a candidate must have passed through all forms of electoral processes, such processes include Primaries involving either statutory delegates or ward level delegates, screening, Valid Nomination within the party primaries unfortunately James Faleke did not meet this requirements and S181(1) does not avail him.

baby124:

Lmao at your confidence in stupidity

I was called stupid when i used my knowledge of the silk to Predict INEC's today's step yesterday evening........

I hope this constitutional act can give yaya bello which came second in last primary election opportunity to become APC gubernatorial candidate.. Ebira wa oooooo

Eruditor:


I strongly disagree. If your opinion is implemented it will set a precedence that not only maligns common sense but will be expensive and illogical.

Consider a scenario that Wada was leading and his Deputy died whilst INEC declared inconclusive. The rule should mean that the whole elections will be cancelled and fresh elections held because the same electoral act says anybody running for governor can only have a mandate if he has a deputy.

Also in the same vein consider a situation if one of the lesser parties had their own candidate deceased before the announcements or completion of the elections. Would INEC not be mandated to cancel the entire elections and conduct fresh ones?

The death of a governorship candidate after an election but before declaration of results is not a ground for cancelling an election. INEC cannot cancel the over 240,000 votes gathered by APC during the elections. The grounds for cancelling an election includes, violence, ballot snatching, fake results, multitude voting, etc, but never death of a candidate. Only a court can cancel an election once it had been declared valid by INEC cannot.

You are a biased AGF. If it is good for APC to conduct a fresh primaries, it should equally be expedient for Inec to conduct a fresh election. What laws support 2 candidates garnering votes for a party in governorship election? I can only conclude that some body odour is responsible for this undemocratic decision.

Elslim:
End time Substitution

yes ooo, end time change

Plus10:
I thought apc said they own kogi anytime anyday why are they afraid of fresh election...nonsense party!

Do you have an idea of how much it will cost to conduct fresh election in Kogi State?

Prince Audu Abubakar's demise will certainly give rise to constitutional and electoral act amendment. Sections 32 35 and 181 are all commingled in section 33 with resplendent exegesis but devoid of requisite panacea as in the case of APC-Audu's death during election. The INEC chairman should exude a flagrant level of shrewdness and sagacity in addressing this electoral quizzical conundrum, by acting in accordance to the provisions of the law, so as to ensconce the legibility and legality of INEC. I must again avouch that tension will metamorphose into expressed aversion, ire, hubbub and all forms of fiendish activities, if the law is amended with shenanigan and skulduggery. Let's make it right as #KOGISTILLDECIDES.

I doubt if the AGF truly understand the issue at stake, its not about one being a Senior Advocate, What the AGF has ask INEC to do is complete misapplication of the law, the decision stand logic on its head. The beneficiary of the process should be Mr Faleke becos its a joint ticket, so he earns the votes not any new candidate. Finally the AGF ought to have approach the Supreme Court, becos there is enough time, instead of taking decision on his own afterall he is of the executive arm and it is the judiciary that interprete and fill up legal lacunas.

Elslim:
End time Substitution

Hmmm! What is it with this END TIME thing?

U must be an end time agent.

baby124:

Of course, there are lunatics like you that don't believe in rational thinking. Force yourself to be the candidate na. Luckily there are educated people who will not allow your thinking. Too bad for you.

At ur age u are still calling names? too bad