TonyeBarcanista:
Since the death of Audu Abubakar, the Governorship candidate of APC and the leading candidate in the yet-to-be concluded Kogi state Governorship election, tongues have been wagging and opinions have been divided on what should be the next line with respect to the said election. To some, the election should be outrightly cancelled because the Governorship candidate of APC is gone. To some others, the APC should be disqualified for having 'No Candidate', while some others opined that the APC should nominate a new governorship candidate to complete the process.

Firstly, the election can't be cancelled because INEC has NO power according to the Electoral Act (2010) and the 1999 Constitution to cancel any election when declared. It lies with the COURT. The only way election can be cancelled is when both the Governorship and Deputy Governorship candidates of a political party dies. In this case, the Deputy Governorship candidate of APC, James Faleke is still alive. Hence, INEC has no choice but to continue with the process.

Secondly, APC followed the legal process in the nomination of Audu Abubakar and Hon James Faleke as the Governorship and Deputy Governorship candidates respectively. The Electoral Act never prescribe disqualification of political party on account of death of its Governorship or Deputy Governorship candidate. Considering that the Electoral Act and Supreme Court judgement maintained that political parties not candidates stand for election, it simply means APC remains in the race and in pole position to form new Kogi state government when Idris Wada's tenure elapse despite the demise of Audu.

Why Hon James Faleke Should Succeed Audu
That established, the next is who should succeed Audu Abubakar as APC candidate? Let us recall that the Electoral Act and Constitution was silent on what should happen in the event that a Governor-elect denounce his mandate before his inauguration as at 1998. When Atiku Abubakar rescinded his mandate for the VP candidate of Segun Obasanjo of PDP, INEC felt there was need for a fresh PDP candidate for a new election. PDP and the Adamawa state Deputy-Gov-elect Boni Haruna as then was went to court. The SC ruled that PDP won the election with Atiku/Haruna as candidates, and in the eyes of the law, Atiku was 'dead'. Hence, Haruna should replace Atiku as PDP Governorship candidate and be sworn-in as Adamawa state Governor. After the judgement, the Electoral Act and Constitution were amended to reflect the SC interpretation. In this situation, considering the fact that the law allows for the Deputy to succeed his/her boss in the event of death of the Governor-elect (after election has been concluded) and the Governor (after inauguration), it is only normal and in accordance with the positions of the SC judgements and the law tthat Hon James Faleke, the APC Kogi state Deputy Governorship candidate be upgraded to the substantive Governorship-candidate of APC, while the party nominates a new running mate.

The Position of Running Mate Is For Purpose Like This
We also have to realise that the purpose of running mate is not to 'fill space' but to step-in in case of any eventuality of the main candidate. This is why the VP assumes the role of President in event of death, and not the runner-up in the Presidential election. It is also the reason the VP-elect assume the position of President-elect in event of death of the President-elect and not the runner-up of the election. This is same reason the APC Deputy Governorship-candidate of Kogi state (James Faleke) will/should assume the position of Governorship-candidate and not the runner-up in the APC Primary election. Hence, the APC should 'do the needful and nominate a new Deputy-Gov candidate.

A Fresh Primary Is Illegal and Unconstitutional
However, should APC elect for a fresh primary, then that will amount to illegality as no section of the Electoral Act and the Constitution give room for primary when election is ongoing. I believe that the court will nullify it. It is my belief that the only legitimate thing is for Faleke to be made the candidate.

Why I'm Behind Hon James Faleke's Ascension:
My position on this subject is precipitated on the need for being on the side of justice irrespective of who the beneficiary may be. Justice is justice, there is no basis for opposing justice because it doesn't favor our ethnic or political scheme. For those against Faleke on basis of his non-Igala heritage, I urge you to accept the new development for in the interest of the state.




May God Bless Us All and Bless Kogi state.

wirinet:


Primaries can only be held to select a candidate to contest in areas where results had been cancelled, you cannot select another candidate to contest in areas where results had been declared, unless those results are also cancelled.

Bloggz74:
You don't analyse constitutional issues like a piece of shit bro. The entire instances raised are near close not exact.

Since there's no exact provision in the law for this we need to be careful because judicial precedence is more harmful.

Falake is out of the scheme cos a law says you must go through primaries to b a flagbearer which he ddnt. He would v bn the governor if they were already sworn in.

Let's becarefull!

Phame:
with the belief in igala land right now that Audu was used to win the election and killed for falake to take over, I bet you, falake will not last on that seat. Expect his igala deputy to take over from him when dies too.

PassingShot:

We're all saying our different opinions on the matter. Let PDP go to court after the election and we wait for the court's decision.

TonyeBarcanista:

The reason some people are up against James Faleke ascension is because he's a Yoruba and Christian minority and not because of the legitimacy of his ascension. If you look carefully, the law don't allow room for a non-member of a ticket to benefit from the election process except that person was the validly nominated member(like Amaechi). But in this case Audu was validly nominated, hence, it has shut out others whether runner-up of APC primary or follow-down. Faleke is the legitimate Deputy candidate to Audu. As long as the process continues, he will/should succeed Audu. Those against it should go to court.

Phame:
with the belief in igala land right now that Audu was used to win the election and killed for falake to take over, I bet you, falake will not last on that seat. Expect his igala deputy to take over from him when dies too.

chocolateme:
Barcanista at it again.. Nice one. I hope to see you on one of these political seats one day, I will vote for u


FTC Chocolate cream

PassingShot:

Though I support Faleke to be made the substantive candidate candidate but we need to look at things from the party's perspective too.
Using Faleke now may make APC become unpopular in Kogi which could also result in future loses for the party especially in 2019. APC will find it difficult to field another candidate then and Faleke might not be able to win a 2nd term.

PassingShot:

Though I support Faleke to be made the substantive candidate candidate but we need to look at things from the party's perspective too.
Using Faleke now may make APC become unpopular in Kogi which could also result in future loses for the party especially in 2019. APC will find it difficult to field another candidate then and Faleke might not be able to win a 2nd term.

PassingShot:

Though I support Faleke to be made the substantive candidate candidate but we need to look at things from the party's perspective too.
Using Faleke now may make APC become unpopular in Kogi which could also result in future loses for the party especially in 2019. APC will find it difficult to field another candidate then and Faleke might not be able to win a 2nd term.

Alphaoscar:





His performance and conduct as a governor will judge the popularity or otherwise of the party.



so far it is a continued process then I think he should be allowed to continue with the mandate . The so called primary to be conducted by APC may just be to ratify his candidature to prevent any future constitutional issue.

TonyeBarcanista:

Everything shouldn't be subjected to politics. Faleke's choice may appear unfavorable to Igala majority but we cannot bend the rule to satisfy our political equity. The party has power to change candidate BEFORE an election and not when election is ongoing or near conclusion. In fact, the EA was very clear when it mandates a total cancellation of election at the death of governorship candidate and his deputy when election is ongoing or completed. So you will agree that the party has no choice in this case as the law doesn't permit a non participant to be made the governorship candidate when election is ongoing. Igalas should accept James and work with him till 2019. We have to set good precedent for all so as not to emasculate ethnic minorities within a given environment.

PassingShot:

I agree and support Faleke becoming the standard bearer in the remaining election. What I don't agree is your claim of illegality of another primaries to select a new candidate. What you're referring to doesn't come into play here. INEC has asked ApC to nominate Audu's replacement and AGF clearly said how APC does that is up to them. I want to believe AGF and APCs lawyers' judgement than your own interpretation on this.

georjay:
okay o but whaz the fuss about nominating an igala man to replace audu....since apc is leading by 40000 votes and the total registered voters in dekina lga is 49000...of which all the 49000 voters cannot come out to vote even if apc nominate an igbo man to step in for audu
so apc should just go with faleke or yahaya

TonyeBarcanista:

Let me remind you that neither INEC nor the AGF is an authority in this issue. Even if you don't agree with me, look at it from the legal angle. Anyway, let me tell you some of the flops of INEC and AGF in the past...

1. In 1998 INEC moved to conduct a new election for Adamawa. It took the court to declare such unconstitutional.

2. In 2007, INEC disqualified Atiku from the poll. It took the court to declare it illegal. INEC also failed to put Audu Abubakar for Kogi poll same year. The court cancelled the election and a re-run was held in 2008.

3. In 2011 INEC refused to hold Gov elections in Sokoto, Adamawa, Kogi and Bayelsa states. It took the SC to declare such illegal and ordered for a re-run.

4. Same INEC conducted election in Anambra state in 2007 when Obi had only spent less than 2 years in office. It took the court to declare it illegal and sacked Andy Ubah.

As for AGF...
1. AGF Bayo Ojo came out to say the impeachment of Joshua Dariye(Plateau), Rasheed Ladoja(Oyo), Peter Obi(Anambra) and Ayo Fayose(Ekiti) were legal. It took the courts to upturn them.

2. AGF Aandoaka. Michael pronounced that yar'adua can rule even when bed-ridden... We all know how he lost his SANship.

These are just few instances. So again, the AGF and INEC have history of committing legal blunders in the past. They aren't authorities. The EA and Constitution is.

TonyeBarcanista:

Let me remind you that neither INEC nor the AGF is an authority in this issue. Even if you don't agree with me, look at it from the legal angle. Anyway, let me tell you some of the flops of INEC and AGF in the past...

1. In 1998 INEC moved to conduct a new election for Adamawa. It took the court to declare such unconstitutional.

2. In 2007, INEC disqualified Atiku from the poll. It took the court to declare it illegal. INEC also failed to put Audu Abubakar for Kogi poll same year. The court cancelled the election and a re-run was held in 2008.

3. In 2011 INEC refused to hold Gov elections in Sokoto, Adamawa, Kogi and Bayelsa states. It took the SC to declare such illegal and ordered for a re-run.

4. Same INEC conducted election in Anambra state in 2007 when Obi had only spent less than 2 years in office. It took the court to declare it illegal and sacked Andy Ubah.

As for AGF...
1. AGF Bayo Ojo came out to say the impeachment of Joshua Dariye(Plateau), Rasheed Ladoja(Oyo), Peter Obi(Anambra) and Ayo Fayose(Ekiti) were legal. It took the courts to upturn them.

2. AGF Aandoaka. Michael pronounced that yar'adua can rule even when bed-ridden... We all know how he lost his SANship.

These are just few instances. So again, the AGF and INEC have history of committing legal blunders in the past. They aren't authorities. The EA and Constitution is are.

macof:


So you actually plan to kill Faleke just because he is not of your ethnicity and religion? No wonder Kogi has been so underdeveloped
You run the state with sentiments not intelligence

PassingShot:

Good instances. Let's just hope Faleke will clinch it one way or the other. I support him too,

baralatie:
the best the inec can do is to "suspend" the elections" and approach the court to quash the election and ask for reelection.

TonyeBarcanista:
Since the death of Audu Abubakar, the Governorship candidate of APC and the leading candidate in the yet-to-be concluded Kogi state Governorship election, tongues have been wagging and opinions have been divided on what should be the next line with respect to the said election. To some, the election should be outrightly cancelled because the Governorship candidate of APC is gone. To some others, the APC should be disqualified for having 'No Candidate', while some others opined that the APC should nominate a new governorship candidate to complete the process.

Firstly, the election can't be cancelled because INEC has NO power according to the Electoral Act (2010) and the 1999 Constitution to cancel any election when declared. It lies with the COURT. The only way election can be cancelled is when both the Governorship and Deputy Governorship candidates of a political party dies. In this case, the Deputy Governorship candidate of APC, James Faleke is still alive. Hence, INEC has no choice but to continue with the process.

Secondly, APC followed the legal process in the nomination of Audu Abubakar and Hon James Faleke as the Governorship and Deputy Governorship candidates respectively. The Electoral Act never prescribe disqualification of political party on account of death of its Governorship or Deputy Governorship candidate. Considering that the Electoral Act and Supreme Court judgement maintained that political parties not candidates stand for election, it simply means APC remains in the race and in pole position to form new Kogi state government when Idris Wada's tenure elapse despite the demise of Audu.

Why Hon James Faleke Should Succeed Audu
That established, the next is who should succeed Audu Abubakar as APC candidate? Let us recall that the Electoral Act and Constitution was silent on what should happen in the event that a Governor-elect denounce his mandate before his inauguration as at 1998. When Atiku Abubakar rescinded his mandate for the VP candidate of Segun Obasanjo of PDP, INEC felt there was need for a fresh PDP candidate for a new election. PDP and the Adamawa state Deputy-Gov-elect Boni Haruna as then was went to court. The SC ruled that PDP won the election with Atiku/Haruna as candidates, and in the eyes of the law, Atiku was 'dead'. Hence, Haruna should replace Atiku as PDP Governorship candidate and be sworn-in as Adamawa state Governor. After the judgement, the Electoral Act and Constitution were amended to reflect the SC interpretation. In this situation, considering the fact that the law allows for the Deputy to succeed his/her boss in the event of death of the Governor-elect (after election has been concluded) and the Governor (after inauguration), it is only normal and in accordance with the positions of the SC judgements and the law tthat Hon James Faleke, the APC Kogi state Deputy Governorship candidate be upgraded to the substantive Governorship-candidate of APC, while the party nominates a new running mate.

The Position of Running Mate Is For Purpose Like This
We also have to realise that the purpose of running mate is not to 'fill space' but to step-in in case of any eventuality of the main candidate. This is why the VP assumes the role of President in event of death, and not the runner-up in the Presidential election. It is also the reason the VP-elect assume the position of President-elect in event of death of the President-elect and not the runner-up of the election. This is same reason the APC Deputy Governorship-candidate of Kogi state (James Faleke) will/should assume the position of Governorship-candidate and not the runner-up in the APC Primary election. Hence, the APC should 'do the needful and nominate a new Deputy-Gov candidate.

A Fresh Primary Is Illegal and Unconstitutional
However, should APC elect for a fresh primary, then that will amount to illegality as no section of the Electoral Act and the Constitution give room for primary when election is ongoing. I believe that the court will nullify it. It is my belief that the only legitimate thing is for Faleke to be made the candidate.

Why I'm Behind Hon James Faleke's Ascension:
My position on this subject is precipitated on the need for being on the side of justice irrespective of who the beneficiary may be. Justice is justice, there is no basis for opposing justice because it doesn't favor our ethnic or political scheme. For those against Faleke on basis of his non-Igala heritage, I urge you to accept the new development for in the interest of the state.




May God Bless Us All and Bless Kogi state.

PassingShot:

I agree and support Faleke becoming the standard bearer in the remaining election. What I don't agree is your claim of illegality of another primaries to select a new candidate. What you're referring to doesn't come into play here. INEC has asked ApC to nominate Audu's replacement and AGF clearly said how APC does that is up to them. I want to believe AGF and APCs lawyers' judgement than your own interpretation on this.

TonyeBarcanista:


You don't conduct a fresh primaries or shoot up a non member of the party ticket as the party candidate in the middle of an election except when the whole exercise is cancelled-which however is not and can't be the case. So what is your argument? As long as this election continues, James Faleke is the APC candidate and not any runner-up in the primaries. In fact, had it been both Faleke and Audu died while election is ongoing, that means total cancellation of election and a fresh process will be kick-started. So whichever way, Hon James Faleke is the Governor-in-waiting

realnews:
Good analysis. I agree with u fully. because faleke is of minority tribe and minority religion in kogi state, they dont want him to be governor.

U are so on point

GoodGovernance:



Faleke is not qualified for the following reasons:

Section 141 of the electoral act States:

An election tribunal or court shall not under any circumstance declare any person a winner at an election in which such a person has not fully participated in all the stages of the said election.

Section 87 of the constitution (1) A political party seeking to nominate candidates for elections under this Act shall hold primaries for aspirants to all elective positions.


Faleke cannot be nominated without going through primaries.

More so Faleke according to the constitution is a running mate and not a deputy governor.



Fresh primary is totally unconstitutional and out of the way.Any nominee from the pool of those that contested the earlier primaries, would have satisfied the provisions and intention of section 33 of the electoral act:

''A political party shall not be allowed to change or substitute its candidate whose name has been submitted pursuant to section 31 of this Act, except in the case of death or withdrawal by the candidate".

So the substitution could be either before,during or before the conclusion of an election!

TonyeBarcanista:
Since the death of Audu Abubakar, the Governorship candidate of APC and the leading candidate in the yet-to-be concluded Kogi state Governorship election, tongues have been wagging and opinions have been divided on what should be the next line with respect to the said election. To some, the election should be outrightly cancelled because the Governorship candidate of APC is gone. To some others, the APC should be disqualified for having 'No Candidate', while some others opined that the APC should nominate a new governorship candidate to complete the process.

Firstly, the election can't be cancelled because INEC has NO power according to the Electoral Act (2010) and the 1999 Constitution to cancel any election when declared. It lies with the COURT. The only way election can be cancelled is when both the Governorship and Deputy Governorship candidates of a political party dies. In this case, the Deputy Governorship candidate of APC, James Faleke is still alive. Hence, INEC has no choice but to continue with the process.

Secondly, APC followed the legal process in the nomination of Audu Abubakar and Hon James Faleke as the Governorship and Deputy Governorship candidates respectively. The Electoral Act never prescribe disqualification of political party on account of death of its Governorship or Deputy Governorship candidate. Considering that the Electoral Act and Supreme Court judgement maintained that political parties not candidates stand for election, it simply means APC remains in the race and in pole position to form new Kogi state government when Idris Wada's tenure elapse despite the demise of Audu.

Why Hon James Faleke Should Succeed Audu
That established, the next is who should succeed Audu Abubakar as APC candidate? Let us recall that the Electoral Act and Constitution was silent on what should happen in the event that a Governor-elect denounce his mandate before his inauguration as at 1998. When Atiku Abubakar rescinded his mandate for the VP candidate of Segun Obasanjo of PDP, INEC felt there was need for a fresh PDP candidate for a new election. PDP and the Adamawa state Deputy-Gov-elect Boni Haruna as then was went to court. The SC ruled that PDP won the election with Atiku/Haruna as candidates, and in the eyes of the law, Atiku was 'dead'. Hence, Haruna should replace Atiku as PDP Governorship candidate and be sworn-in as Adamawa state Governor. After the judgement, the Electoral Act and Constitution were amended to reflect the SC interpretation. In this situation, considering the fact that the law allows for the Deputy to succeed his/her boss in the event of death of the Governor-elect (after election has been concluded) and the Governor (after inauguration), it is only normal and in accordance with the positions of the SC judgements and the law tthat Hon James Faleke, the APC Kogi state Deputy Governorship candidate be upgraded to the substantive Governorship-candidate of APC, while the party nominates a new running mate.

The Position of Running Mate Is For Purpose Like This
We also have to realise that the purpose of running mate is not to 'fill space' but to step-in in case of any eventuality of the main candidate. This is why the VP assumes the role of President in event of death, and not the runner-up in the Presidential election. It is also the reason the VP-elect assume the position of President-elect in event of death of the President-elect and not the runner-up of the election. This is same reason the APC Deputy Governorship-candidate of Kogi state (James Faleke) will/should assume the position of Governorship-candidate and not the runner-up in the APC Primary election. Hence, the APC should 'do the needful and nominate a new Deputy-Gov candidate.

A Fresh Primary Is Illegal and Unconstitutional
However, should APC elect for a fresh primary, then that will amount to illegality as no section of the Electoral Act and the Constitution give room for primary when election is ongoing. I believe that the court will nullify it. It is my belief that the only legitimate thing is for Faleke to be made the candidate.

Why I'm Behind Hon James Faleke's Ascension:
My position on this subject is precipitated on the need for being on the side of justice irrespective of who the beneficiary may be. Justice is justice, there is no basis for opposing justice because it doesn't favor our ethnic or political scheme. For those against Faleke on basis of his non-Igala heritage, I urge you to accept the new development for in the interest of the state.




May God Bless Us All and Bless Kogi state.

TonyeBarcanista:
Since the death of Audu Abubakar, the Governorship candidate of APC and the leading candidate in the yet-to-be concluded Kogi state Governorship election, tongues have been wagging and opinions have been divided on what should be the next line with respect to the said election. To some, the election should be outrightly cancelled because the Governorship candidate of APC is gone. To some others, the APC should be disqualified for having 'No Candidate', while some others opined that the APC should nominate a new governorship candidate to complete the process.

Firstly, the election can't be cancelled because INEC has NO power according to the Electoral Act (2010) and the 1999 Constitution to cancel any election when declared. It lies with the COURT. The only way election can be cancelled is when both the Governorship and Deputy Governorship candidates of a political party dies. In this case, the Deputy Governorship candidate of APC, James Faleke is still alive. Hence, INEC has no choice but to continue with the process.

Secondly, APC followed the legal process in the nomination of Audu Abubakar and Hon James Faleke as the Governorship and Deputy Governorship candidates respectively. The Electoral Act never prescribe disqualification of political party on account of death of its Governorship or Deputy Governorship candidate. Considering that the Electoral Act and Supreme Court judgement maintained that political parties not candidates stand for election, it simply means APC remains in the race and in pole position to form new Kogi state government when Idris Wada's tenure elapse despite the demise of Audu.

Why Hon James Faleke Should Succeed Audu
That established, the next is who should succeed Audu Abubakar as APC candidate? Let us recall that the Electoral Act and Constitution was silent on what should happen in the event that a Governor-elect denounce his mandate before his inauguration as at 1998. When Atiku Abubakar rescinded his mandate for the VP candidate of Segun Obasanjo of PDP, INEC felt there was need for a fresh PDP candidate for a new election. PDP and the Adamawa state Deputy-Gov-elect Boni Haruna as then was went to court. The SC ruled that PDP won the election with Atiku/Haruna as candidates, and in the eyes of the law, Atiku was 'dead'. Hence, Haruna should replace Atiku as PDP Governorship candidate and be sworn-in as Adamawa state Governor. After the judgement, the Electoral Act and Constitution were amended to reflect the SC interpretation. In this situation, considering the fact that the law allows for the Deputy to succeed his/her boss in the event of death of the Governor-elect (after election has been concluded) and the Governor (after inauguration), it is only normal and in accordance with the positions of the SC judgements and the law tthat Hon James Faleke, the APC Kogi state Deputy Governorship candidate be upgraded to the substantive Governorship-candidate of APC, while the party nominates a new running mate.

The Position of Running Mate Is For Purpose Like This
We also have to realise that the purpose of running mate is not to 'fill space' but to step-in in case of any eventuality of the main candidate. This is why the VP assumes the role of President in event of death, and not the runner-up in the Presidential election. It is also the reason the VP-elect assume the position of President-elect in event of death of the President-elect and not the runner-up of the election. This is same reason the APC Deputy Governorship-candidate of Kogi state (James Faleke) will/should assume the position of Governorship-candidate and not the runner-up in the APC Primary election. Hence, the APC should 'do the needful and nominate a new Deputy-Gov candidate.

A Fresh Primary Is Illegal and Unconstitutional
However, should APC elect for a fresh primary, then that will amount to illegality as no section of the Electoral Act and the Constitution give room for primary when election is ongoing. I believe that the court will nullify it. It is my belief that the only legitimate thing is for Faleke to be made the candidate.

Why I'm Behind Hon James Faleke's Ascension:
My position on this subject is precipitated on the need for being on the side of justice irrespective of who the beneficiary may be. Justice is justice, there is no basis for opposing justice because it doesn't favor our ethnic or political scheme. For those against Faleke on basis of his non-Igala heritage, I urge you to accept the new development for in the interest of the state.




May God Bless Us All and Bless Kogi state.