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PDP Protests In Tai As INEC Boss Refuse To Conduct Fresh Election In Tai / Man Set On Fire At PDP Primary In Abia (Pics) / Tribunal Cancels The Election Of Nyesome Wike, INEC To Conduct Fresh Election (2) (3) (4)
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Re: APC To Conduct Fresh Primary In Kogi by seunmsg(m): 7:41pm On Nov 24, 2015 |
APC should thread carefully and be properly guided in their decision. Conducting another primary at this point in time will throw up more constitutional questions. What if the new candidate decides to choose another person as running mate? What if Faleke decides to participate in the new primary and then loses, will he be dropped from the ticket? The Audu/Faleke ticket is a joint ticket. If anything happens to the number one person on the ticket, the number two automatically steps up to be the number. That is the essence of having a deputy on the ticket in the first place. 6 Likes |
Re: APC To Conduct Fresh Primary In Kogi by pat077: 7:41pm On Nov 24, 2015 |
ok |
Re: APC To Conduct Fresh Primary In Kogi by tempem: 7:41pm On Nov 24, 2015 |
Kogi! Igala! hmm |
Re: APC To Conduct Fresh Primary In Kogi by dyn1800: 7:42pm On Nov 24, 2015 |
Yahaya bello will want to pick his own running mate instead of Faleke Bobbystanley: |
Re: APC To Conduct Fresh Primary In Kogi by Femich18(m): 7:42pm On Nov 24, 2015 |
Fingers crossed |
Re: APC To Conduct Fresh Primary In Kogi by Johnbosco77(m): 7:42pm On Nov 24, 2015 |
hmmmmmm. APC. happy Christmas in advance. |
Re: APC To Conduct Fresh Primary In Kogi by captainflash(m): 7:43pm On Nov 24, 2015 |
englishmart:You dey drink water carry cup before? abegi..make we hear word |
Re: APC To Conduct Fresh Primary In Kogi by slimgold123(f): 7:43pm On Nov 24, 2015 |
This time it's all about Kogi State. |
Re: APC To Conduct Fresh Primary In Kogi by Nobody: 7:45pm On Nov 24, 2015 |
That primary will be hotter than the governorship election self ..cos who ever wins automatically becomes governor 3 Likes |
Re: APC To Conduct Fresh Primary In Kogi by Femich18(m): 7:45pm On Nov 24, 2015 |
The ticket should just be handle to Faleke since he and Audi both amassed dos nos of vote...he Faleke should just pick a running mate instead of goin thru a fresh primary election |
Re: APC To Conduct Fresh Primary In Kogi by senatorobi(m): 7:46pm On Nov 24, 2015 |
lotite:Lol. Are you there agent? Y don't you post the link instead |
Re: APC To Conduct Fresh Primary In Kogi by AreaFada2: 7:48pm On Nov 24, 2015 |
TonyeBarcanista: Unless INEC cancels the whole election, Faleke has every right to become governorship candidate. They cannot transfer already cast votes to a fresh candidate. I guess the supreme court will not accept it. APC should do the right thing, not ethnic or religious consideration. 4 Likes |
Re: APC To Conduct Fresh Primary In Kogi by Treash(m): 7:49pm On Nov 24, 2015 |
Dis is just a plan to unseat the Christians in Kogi Governorship seat. Wats wrong if S. 188 of the Constitution is invoked? That section of the Constitution says in the light of death by any person, the deputy shld replace him. Religions.... Kai |
Re: APC To Conduct Fresh Primary In Kogi by wengerjay(m): 7:52pm On Nov 24, 2015 |
APC as a party has to exercise some caution here. At this juncture, Oyegun should not allow himself to be pushed by some dubious politicians here, he has to seek legal advice before going ahead with a fresh primary. Faleke, the deputy governor aspirant has a right to becoming a governor-elect too. He too must have put a lot into this inconclusive election, be it energy, time and most importantly money. If he is schemed out of this contest, i see him approaching the court to fight his course. And he may probably be successful. Must a session of the state lay claim to always become the governor of the state. Did the Northerners reject GEJ when he became the president following the demise of his boss, Alhaji Umaru Yaradua? No! The right thing should be done to avert this seemingly crisis in APC. 2 Likes |
Re: APC To Conduct Fresh Primary In Kogi by SunstarS(m): 7:52pm On Nov 24, 2015 |
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Re: APC To Conduct Fresh Primary In Kogi by Mynd44: 7:52pm On Nov 24, 2015 |
Acidosis:Sooner or later, the bigot in them sneaks up. |
Re: APC To Conduct Fresh Primary In Kogi by element44: 7:54pm On Nov 24, 2015 |
The Kogi debacle and the law My silent prayer after my friend broke the news of Prince Abubakar Audu’s death to me on WhatsApp, was that it would turn one of those wolf cries by those I call busy body mushroom bloggers. But in a bid to substantiate his claims, he came up with screen shots of credible sites and blogs. At this point, I was left with nothing but to philosophise on the ephemeralness of life. I reminded myself of one of my lines that “this breath may just be my last.” While I felt pity for the Audu’s, the government and good people of Kogi State and as well pray for the needed fortitude to bear the loss, I, in no time began receiving calls from friends and associates demanding my opinion on the legal implications of the circumstance. At that point, having not had a fresh consultation on the specific laws on the subject, I had to make do with the reserved idea on the matter in expressing my opinion. The opinion barring any superior legal argument, after due consultation, appears the exact position of the law. The legal issue in vogue is the position of the law, when a substantive candidate in an election dies during the holding of that election. Opinions would necessarily be divided between two lines to wit: That the running mate be made to assume the position of the demised candidate; or, 2.That a fresh election be conducted, having regard to the procedures outlined in the electoral laws. For the proponents of the earlier view, their argument would be that since they ran on a joint ticket, it would be left for the running mate to be sworn in. The most convenient port to sail from in an issue as this, is the constitution of the Federal Republic of Nigeria 1999 (as amended); being the captain of the gamut of our laws. For reason of aptness, consideration shall be had of Section 181 of the constitution. It provides: 1.“If a person duly elected as Governor dies before taking and subscribing the Oath of Allegiance and Oath of Office, or is unable for any reason whatsoever to be sworn in, the person elected with him as Deputy Governor shall be sworn in as Governor and he shall nominate a new Deputy Governor who shall be appointed by the Governor with the approval of a simple majority of the House of Assembly of the State” The above perhaps, is what informs the opinion of the proponents of the former view. In sharp deference however, note must be taken of the operative phrases of “duly elected” and “dies before subscribing the oath of allegiance and oath of office”. In simple terms, the provision invariably emphasises on the time of death, being after a due election and before being sworn in as a governor. Such a reasonable question as “when is a person deemed to have been duly elected” will then follow. Again, recourse is had to Section 179 (2) of the constitution. In interpreting when a candidate will be deemed to have been duly elected, it states that- “a candidate for the office of governor of a state shall be deemed to have been duly elected where there being two or more candidates- (a) He has the highest number of votes cast at the election; and (b) He has not less than one quarter of all the votes cast in each of at least two-thirds of all the local government areas in the state. By the further implication of Section 27 of the Electoral Act, only the Independent National Electoral Commission, through its officers, has the power to announce a candidate as having won any election; subject however to the jurisdiction of Courts and Tribunals. As straight as the instant case would have been if INEC had before the death, declared Audu the winner of the Kogi election, news however emerged that the election had been declared inconclusive. To this extent, no candidate of the election under consideration could have been deemed as already duly elected, and for which reason, Section181 of the constitution becomes inapplicable in the circumstance. Another provision worthy of consideration is Section 36 of the Electoral Act. It provides that if after the delivery of nomination papers and before the commencement of the poll, a nominated candidate dies, the Resident Electoral Commissioner (in the instant case), shall countermand the polling which the deceased candidate was meant to participate and the commission shall appoint a convenient date for the election within 14 days.This provision would have in all fours been considered the saving point. Alas, this will not be the case, as the time of death again raises another distinguishing element. Had Audu died before the commencement of this election, then the Resident Electoral Commissioner of Kogi State would have been under legal obligation to postpone the election to another convenient date within 14 days. During such time, the party would be under an obligation to as a matter of internal arrangement nominate another candidate for the election. Unfortunately, this circumstance is not the case. So many other legal factors inform the position that the running mate may not be in the right position to assume the votes accredited to Audu. The Supreme Court authority of ROTIMI AMAECHI v. INEC which used to be the law that the political parties in an election should be the subject of the election and not the candidate who stood the election, has been overruled. Following the amendment to the Electoral Act, the Supreme Court overruled itself in the latter case of CONGRESS FOR PROGRESSIVE CHANGE & ANOR V. HON. EMMANUEL DAVID OMBUGADU & ANOR(2013) LPELR-21007(SC). While interpreting Section 141 of the Electoral Act, the Court held that parties do not contest, win or lose election directly; but that they do so by the candidates they sponsored and before a person can be returned as elected by a tribunal or Court, that person must have fully participated in all the stages of the election, starting from nomination to the actual voting. Ngwuta JSC, expressly stated that the National Assembly has by Section 141 of the Electoral Act set aside the decision of the court in AMAECHI v. INEC (2008) 5 NWLR (Pt 1080) page 227 at 296. It is for the reason that it must be observed that notwithstanding the fact that both Audu and Abiodun Faleke contested under a joint ticket, while Audu contested as the governor, Faleke only contested as a deputy and was being voted as such. Although it is conceded that the circumstance poses some novelty to our laws, it only appeals to legal reasoning that the needful for INEC in the circumstance is to issue directions as to the conduct of a fresh election and to direct that parties nominate candidates in line with the Electoral Act. Equally, considering the triteness of the law that the government cannot operate in a vacuum, the question as to who acts upon the expiration of Captain Idris Wada’s term also becomes pertinent. It is my view that the incumbent Speaker of the Kogi House of Assembly will so act, and upon the inauguration of a new Assembly, the new Speaker will also succeed the incumbent Speaker both as the Speaker of the House of Assembly and the Acting governor of the state. 2 Likes |
Re: APC To Conduct Fresh Primary In Kogi by Lyoncrescent: 7:54pm On Nov 24, 2015 |
seunmsg: But Faleke didnt contest primary which can be exploited by PDP. If APC had won the election already before the sad event rather than the inconclusive we have now, then the deputy theory taking over would have made sense i think. |
Re: APC To Conduct Fresh Primary In Kogi by Trioxocarbonate: 7:54pm On Nov 24, 2015 |
Treash: Why are you bringing religion to this discussion? We have Nicholas Ogbane, Dagana Emmanuel, Stephen Achema and countless Christians who have been into political office. We don't do religion politics in Kogi state. 4 Likes |
Re: APC To Conduct Fresh Primary In Kogi by TonyeBarcanista(m): 7:55pm On Nov 24, 2015 |
AreaFada2:INEC has no power to cancel election once result is declared. They should forget about pleasing any ethnic majority at the expense of justice. Faleke is the legitimate candidate. 2 Likes |
Re: APC To Conduct Fresh Primary In Kogi by meforyou1(m): 7:55pm On Nov 24, 2015 |
The 2nd most popular man in kogi after Audu is a man named Ochocho. Though don't know his party nor his tribe |
Re: APC To Conduct Fresh Primary In Kogi by princemillla(m): 7:56pm On Nov 24, 2015 |
Apc should better guide and watch their action, they are currently the rulling party. Their actions and inaction may bounce on them in the days to come. What's the essence of having another primary when the deceased candidate has his running mate? Is Faleke not competent enough? Or going by the essence of Vp position, is he not meant to assume his running mate position in case of eventuality? Apc should do what is right and stop approaching issues from all angles |
Re: APC To Conduct Fresh Primary In Kogi by AreaFada2: 7:57pm On Nov 24, 2015 |
TonyeBarcanista: If they do, SC will have last word. |
Re: APC To Conduct Fresh Primary In Kogi by tempem: 7:57pm On Nov 24, 2015 |
AreaFada2:it's not about being brilliant. . You're also reasonable. 1 Like |
Re: APC To Conduct Fresh Primary In Kogi by Nobody: 7:59pm On Nov 24, 2015 |
I think a fresh poll should be conducted. Since he's yet to be announced 'duly' elected governor as the constitution prescribe. |
Re: APC To Conduct Fresh Primary In Kogi by akindap07(m): 8:00pm On Nov 24, 2015 |
You mean to pick "who's next to diee" |
Re: APC To Conduct Fresh Primary In Kogi by free2ryhme: 8:01pm On Nov 24, 2015 |
CharliParker: Na Federal Government money ooo The life na God get am The time and resources FG. Money go buy am |
Re: APC To Conduct Fresh Primary In Kogi by AJORE(m): 8:01pm On Nov 24, 2015 |
kahal29:if APC mistakingly pick ebira my man PDP don entered be dat. Igala ppl neva one day believed dat any other tribe could rule kogi apart from them...but let see how is unfold...let d drama/game begin... |
Re: APC To Conduct Fresh Primary In Kogi by princemillla(m): 8:02pm On Nov 24, 2015 |
Lyoncrescent: My brother, don't view from that angle sir., Audu won primary and has bestow trust in Faleke as his running mate,. People had already casted their vote for them, hence a new candidate can't just emerge to claim those vote. No one can categorically state that vote acquired by the two men was in favour of either Audu or Faleke. They will both share the Glory. So Faleke should be uplift to the Govt candidate 2 Likes |
Re: APC To Conduct Fresh Primary In Kogi by pus22: 8:02pm On Nov 24, 2015 |
Inec can not declear the election inclucusive because it was just maths calculation. The claim that kogi state is not that populated is nonsense. It wilis only half a million Kogi state population is more than 4 million. Half a million is just 13% of the population |
Re: APC To Conduct Fresh Primary In Kogi by Trioxocarbonate: 8:02pm On Nov 24, 2015 |
Acidosis: Be careful of what you type on public forum. OAM4J, Afam4eva, Lalasticlala please this is THREATENING THE ENTIRE IGALA RACE. |
Re: APC To Conduct Fresh Primary In Kogi by Trioxocarbonate: 8:06pm On Nov 24, 2015 |
AJORE: Bro, APC will not dare pick an Ebira man. It will still go to the Igalas. Audu did make a promise to hand over to either Okun or Ebira. |
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